Defendant

Inability to capture and execute the murderer’s sentence that escaped abroad. Is the state responsible?

JUDGMENT Akelienė v. Lithuania 16.10.2018 (no.  54917/13) see here   SUMMARY The accused was convicted of intentional murder before the Appeals Court and in 14 years’ imprisonment and could not be arrested and the decision executed because he escaped abroad. The authorities took appropriate action to identify it and issued a domestic and European arrest warrant. […]

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δίκαιη δίκη

Interpreting in Russian for a Lithuanian in Slovenia violated fair trial right

JUDGMENT  Vizgirda v. Slovenia 28.08.2018 (no. 59868/08) see here SUMMARY  Appointment of a Russian-language interpreter to a Lithuanian citizen without him having adequate understanding of the Russian language. Failure to lodge a complaint or protest by the applicant and his lawyer on the appointment of a Russian interpreter. The Court considered that the absence of […]

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Criminal conviction based on written testimonies abroad. Inability of the accused to examine the witnesses in the audience.

JUDGMENT  Dadayan v. Armenia 6.09.2018 (no. 14078/12) see here  SUMMARY The case concerned criminal proceedings brought against an Armenian national, Garik Dadayan, for aiding and abetting the smuggling of enriched uranium into Georgia. The two smugglers were prosecuted and convicted in Georgia, while Mr Dadayan was prosecuted and convicted in Armenia, essentially on the basis […]

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Convictions in absentia. Violation of a fair trial.

JUDGMENT  Hysi v. Albania 22.5.2018 (no. 72361/11) Malo v. Albania 22.5.2018  (no. 72359/11) Muca v. Albania  22.5.2018   (no. 57456/11) Topi v. Albania 22.5.2018   (no. 14816/08) see here see here see here see here    SUMMARY  Criminal proceedings in absentia without the accused having waived the right to appear in court. Infringement of Article 6 § […]

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Detention conditions and the lack of effective remedy for the deatinees to express their complaints

JUDGMENT  Pilalis v. Greece and others 17.05.2018 (no. 5574/16) see here SUMMARY  Protest for prison conditions. Overpopulation of prisons. Water cuts, inadequate meals and medical care. Infringement of Article 13 (right to an effective remedy). No violation of Article 3 (prohibition of inhuman or degrading treatment) of the European Convention on Human Rights. PROVISIONS  Article […]

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κράτηση

Failure to administer special diet to a ill prisoner constitutes degrading treatment and violates the ECHR.

JUDGMENT  Ebedin Abi v. Turkey 13.03.2018 (no. 10839/09) see here   SUMMARY  Prisons and prisoners with diabetes health issues. Providing meals incompatible with the diet prescribed by doctors. No measures for his well-being and health. The government’s remark that the prisoner could eart and pay at the canteen or order a special diet was rejected. The […]

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φυλακές

Prevent individual detainees from appealing before the ECtHR for their inhuman conditions of detention.

JUDGMENT  Peňaranda Soto v. Malta 19.12.2017 (no. 16680/14) Yanez Pinon κand others v. Malta 19.12.2017 (no.  71645/13, 7143/14 και 20342/15). SUMMARY  Allegations of inhuman conditions of detention. Bad lighting, lack of drinking water, absence of ventilation and presence of insects. Absence of medical surveillance. The Court did not diagnose inhuman or degrading treatment. Infringement of the right […]

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φυλακές

The extradiction of a US prisoner for drug trafficking under the control of the ECtHR

JUDGMENT  López Elorza v. Spain 12.12.2017 (no. 30614/15) see here   SUMMARY  The extradiction a suspect for the drug trafficking offense. The risk of the applicant being sentenced to life imprisonment without the possibility of reviewing his sentence. No finding of inhuman or degrading treatment. Temporary suspension measure, until the decision of the ECtHR becomes irrevocable or up […]

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κράτηση

The former Prime Minister of Georgia and the (rare) implementation of Article 18 of the ECHR. His temporary detention was used for a purpose other than that established.

JUDGMENT Merabishvili v. Georgia 28.11.2017 (no.72508/13) see here   SUMMARY  The applicant is one of the leaders of the former ruling party, the United Nations Movement (UNM), who for several months served as Georgia’s Prime Minister for a few months, and shortly afterwards he was on the opposition side. He was arrested after being prosecuted […]

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fair trial

The inability to examine a basic witness from the accused consists of a deficit for the fair trial

JUDGMENT Daştan v. Turkey 10/10/2017 (no. 37272/08) see here SUMMARY  Life imprisonment for involvement in an illegal organization. Absence of a basic witness and inability of the accused to investigate and challenge his allegations in the criminal proceedings. Violation of the right of the accused to examine the witness. PROVISION  Article 6 par. 3d PRINCIPAL […]

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ECHRCaseLaw

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