Important Decisions

δικηγόρος

The removal of the lawyer from the police because he informed the accused of his rights to silence and non-self-incrimination. The active and guaranteeing role of the lawyer in criminal proceedings is important.

JUDGMENT Soytemiz v. Turkey 27.11.2018 (no. 57837/09) see here    SUMMARY Criminal proceedings for the offense of assisting in the illegal organization of the Turkish Revolutionary Party. The role of advocates. Right to silence and non-self-incrimination in the pre-trial proceedings. The removal and replace the officially appointed lawyer of the accused because he has informed him […]

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δικηγόρος

Canceling access to a court due to continuous postponements. The condemnation of the Court and how the Greek court has decided that there is no longer any reason to examine the case because of the postponements it has given itself!

JUDGMENT Frezadou v. Greece  8.11.2018 (no. 2683/12) see here   SUMMARY Application for the annulment of a nursery teacher before the Athens Administrative Court of Appeal. Termination of the trial without a decision. Right of access to a court. The applicant, a nursery teacher had applied for the position of educational coordinator abroad . She was […]

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The Court requires sufficient justification for the allegations of the accused concerning the accusation and the evaluation of the witnesses. The reasoning is an important aspect of the fair trial

JUDGMENT Rostomashvili v. Georgia 08.11.2018 (no. 13185/07) see here   SUMMARY  Reasoning of a court’s decision and  fair trial. The applicant was convicted of intentional homicide. His conviction was based on the testimony of the victim’s father who claimed that he witnesses the event. But two witnesses testified that they had announced the murder of his son […]

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The petition of a criminal court that a minor witness has committed the offense without being an accused can not produce a res judicata in a civil case and base its decision on that.

JUDGMENT Kožemiakina v. Lithuania 02.10.2018 (no. 231/15)  see here SUMMARY The civil court convicted the applicant of compensation for acts of her minor child, found on the basis of petitions in criminal proceedings in which her son was merely a witness and did not have the status of a party, nor of the accused. The […]

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Police beating with rubber logs, cigarette burning and torture with electric cables and needles under the nails

JUDGMENT Tsakoyevy v. Russia 02.10.2018 (no. 16397/07) see here SUMMARY Police violence and the death of a suspect for his participation in an armed group. He was beaten with rubber logs, burnt with cigarettes, tortured with electrified cables, and needles were inserted under his nails. Ineffective investigation by the authorities. Violation of the right to […]

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ελευθερία της έκφρασης

The criminal punishment of a book publisher on the disappearance of a journalist and the freedom of expression

JUDGMENT  Fatih Taş v. Turkey 04.09.2018 (no. 6810/09) see here   SUMMARY Criminal conviction of a publisher of a book on public denigration of the Republic of Turkey because he criticized the authorities and claimed that a journalist had been kidnapped by state guards. The ECtHR has condemned Turkey for violating freedom of expression because […]

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δικαίωμα στη ζωή

Death from poisoning to a hospital. Insufficient criminal and civil procedures for dealing with medical negligence

JUDGMENT  Yirdem and others v. Turkey 04.09.2018 (no. 72781/12) see here   SUMMARY Death patient in hospital from poisoning. Forensic report suggested that the substances detected could not be found in the hospital. Exercise of criminal prosecution against doctors for medical negligence. They were released from the criminal courts after a 9 year trial. The civil […]

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ελευθερία της έκφρασης

Are offensive comments against police officers (cops, pigs, dogs, burning in ovens) protected by the freedom of expression?

JUDGMENT  Savva Terentyev v. Russia 28.08.2018 (no. 10692/09) see here   SUMMARY  Offensive comments against the police in a blog post.  Under the comment, “I hate the cops for fuck’s sake” the applicant described the police as pigs, faithful dogs of the regime, cops of low intellectual level and it would be great if at the center […]

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ελευθερία της έκφρασης

Moldovan civil servant whistle-blower wins rights violation case for second time

JUDGMENT  Guja v. Republic of Moldova (no 2) 27.02.2018 (no. 1085/10) see here   SUMMARY  The case concerned the applicant’s allegation of a continuing violation of his right to freedom of expression after an incident of whistle-blowing, despite a previous Grand Chamber judgment in his favour (Guja v. Moldova). He complained that the authorities had only simulated […]

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ECHRCaseLaw

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