Defendant

Failure to examine the defendant’s arguments for the credibility of the evidence on which her conviction for a speech was based violated freedom of expression

JUDGMENT Hatice Çoban v. Turkey 29.10.2019 (no.  36226/11) see here  SUMMARY  The case concerned Ms Çoban’s criminal conviction for disseminating propaganda in favour of a terrorist organisation on account of a speech she had given. The Court reiterated that the fairness of proceedings and the procedural guarantees afforded were factors to be taken into account […]

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The finding of civil liability is not contrary to the presumption of innocence, when based on additional evidence.

JUDGMENT Fleischner v. Germany 3/10/2019 (no. 61985/12) see here SUMMARY Civil and criminal liability, obligation to pay damages. The applicant was charged with four others for abductions. The criminal proceedings against him were adjourned as ruled unfit to stand for trial, but the Civil Courts recognized the applicant’s civil liability and his obligation to pay […]

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The application before the ECHR is inadmissible because the internal remedies have not been exhausted, even when an internal appeal has been lodged, but was vague.

JUDGMENT Hernádi v. Croatia 26/09/2019 (no. 29998/15) see here  SUMMARY Exhaustion of domestic remedies. The applicant, a resident of Hungary, was charged with bribery and a temporary detention order and a European arrest warrant for extradition to Croatia were issued by the Croatian authorities. He brought two actions before the Constitutional Court which were dismissed […]

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Failure to hear the applicant and witnesses on appeal flouted the requirements of the right to a fair trial.

JUDGMENT Camacho Camacho v. Spain 24/09/2019 (application no.  32914/16) see here SUMMARY Fair trial and the principle of adversarial  hearing. The applicant was charged with assaulting his ex-wife. He was acquitted at  first instance but  the public prosecutor  appealed . He was sentenced to imprisonment and fined, even though he and several witnesses had never been […]

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Wild beating of suspect during police interrogation for attempted rape of a minor. 8 years of ineffective investigation by the authorities regarding the conditions of the injuries constitutes inhumane and degrading treatment.

JUDGMENT  Gogaladze v. Georgia 18.07.2019 (no.8971/10) see here SUMMARY  Ill -treatment of a suspect for the offense of raping a minor by  police officers. The applicant was arrested and interrogated for the offense of the rape of a minor. Two months after the incident and while he was in pre –trial detention, he complained of […]

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Electronic files with millions of data in a criminal trial and fair trial. Sufficient access to information and preparation time for the defendant’s lawyer.

JUDGMENT  Rook v. Germany 25.07.2019 (no. 1586/15) see here SUMMARY  File case with electronic records with millions of data in criminal proceedings. Information of the accused and copies of the data. The case concerned the fairness of criminal proceedings where around 80,000 items of telecommunication surveillance data had been produced and 14 million electronic files seized. […]

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Unlawful revocation of a professional license constitutes a violation of the right to property

JUDGMENT  Rola v. Slovenia 04.06.2019 (no. 12096/14) see here SUMMARY  Revocation of a license and deprivation of profession.  Liquidator ‘s complaint that his permission to act in bankruptcy proceedings after his conviction for violent behavior was revoked. The revocation had interfered with the peaceful enjoyment of his property because he was no longer entitled to exercise […]

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δικηγόρος

The imposition of a fine for stock market manipulation and the criminal prosecution for the same offense, consisted of violation of the principle “ ne bis in idem”

JUDGMENT  Nodet v. France  06.06.2019 (no. 47342/14) see here SUMMARY Excessive administrative fine for stock market manipulation. Alongside a criminal case was brought for the same case and a conviction followed. Clear prohibition of double conviction for the same offense. Principle ne bis in idem.The applicant, a financial analyst, was fined by the financial markets […]

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The unjustified decision to secretly surveil telephone conversations violated the right to respect for privacy and correspondence

JUDGMENT  Liblik and others v. Estonia 28.05.2019 (no. 173/15, 181/15, 374/15, 383/15, 386/15 and 388/15) see here   SUMMARY  Surveillance of phone conversations. The applicants were accused of high-level corruption. The Inter-Criminal Tribunal had been instructed by the Homeland Security Service to monitor the telephone conversations of the three applicants. Their interference with privacy and correspondence […]

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δικηγόρος

The incorrect assessment of evidence of a drug convicted violated the fair trial

JUDGMENT  Kobiashvili v. Georgia 14.03.2019 (no. 36416/06) see here SUMMARY Drug conviction. The manner in which the basic evidence against the applicant was gathered calls into question the credibility and accuracy of the evidence. Procedural irregularities in the applicant’s personal investigation, inconsistent and contradictory evidence of the actual circumstances of the investigation, inadequate judicial control […]

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ECHRCaseLaw

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