Defendant

Yukos affair and Putin statements. A series of violations against the accused. Multiple Russian condemnation of ECHR violations

JUDGMENT Khodorkovskiy  and Lebedev v. Russia  14.01.2020 (n. 2) (appl. no. 51111/07 and 42757/07) see here  SUMMARY The case concerned the second trial of former Yukos executives Mikhail Khodorkovskiy and Platon Lebedev. The European Court of Human Rights held unanimously that there had been breaches of the applicants’ right to a fair trial under Article […]

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Failure to suspend expulsion of an allien following judicial remedies violates the European Convention on Human Rights

JUDGMENT D. and others v. Romania 14.01.2020 (no. 75953/16) see here  SUMMARY The case concerned an order for the expulsion to Iraq of an Iraqi national following his conviction in Romania for having facilitated the entry to Romania of persons involved in terrorist activities (a migrant smuggling offence). The European Court of Human Rights held, […]

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δικηγόρος

The conviction of a drug dealer that did not rely solely on the testimony of a co-defendant but also on other evidence does not infringe the fair trial. A higher degree of judicial scrutiny must be applied to the assessment of witnesses of co-defendants.

JUDGMENT Stephens v. Malta (no. 3)  14.01.2020 (no. 35989/14) see here  SUMMARY The applicant was convicted of drug trafficking and sentenced to 25 years prison. According to the applicant, the domestic courts convicted him on the basis of the testimony of one of his relatives at the trial, according to which the drugs found on […]

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A citizen who was tried by military courts for a criminal offense because his co-defendant was then serving in the military did not receive a fair trial. Reflection on the independence and impartiality of military courts.

JUDGMENT Mustafa v. Bugaria 28.11.2019(no. 1230/17) see here SUMMARY Jurisdiction of military courts and the right of a citizen to a fair trial. A non-military individual was arrested and convicted by military courts of a common criminal offense because one of the other defendants in the case served in the military at the time the […]

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υπερασπιστές ανθρωπίνων δικαιωμάτων

The flash mobs * under the umbrella of the freedom of assembly

JUDGMENT Obote v. Russia  19.11.2019 (no.  58954/09) see here  SUMMARY The case concerned the applicant’s prosecution for taking part in a flash mob, which the courts viewed as a static demonstration requiring previous notification. The Court considered the flash mob a “peaceful assembly” and found that the reasons given by the domestic authorities to justify […]

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The conviction of the accused based on a witness deposition who testified against him because he had a personal benefit of impunity in his own case and the lack of access to the file violated the principles of fair trial.

JUDGMENT Adamčo v. Slovakia 12.11.2019  (no. 45084/14) see here  SUMMARY Reliability of witnesses, access to the case file and fair trial. The applicant was first acquitted of the charge of complicity in homicide. An appeal was filed by the Prosecutor who converted the charge from a mere accomplice to a perpetrator and was convicted by a […]

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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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