Defendant

The Court did not acquit a member of the SS who was accused of being involved in 300,000 murders!

JUDGMENT
Gröning v. Germany 2.11.2020 (app. no. 71591/17)
The case concerned a complaint by a former member of the SS about the length of the criminal
proceedings against him for assisting in murder in the Auschwitz extermination camp.
The applicant was questioned in 1978 while being investigated by the Frankfurt public prosecutor’s
office for crimes committed when serving in the Auschwitz extermination camp. The investigation
was discontinued in 1985. The applicant was questioned again in 2014 after the the Hannover public
prosecutor’s office initiated an investigation and he was convicted in 2015. He argued that the
proceedings had been running since 1978 because the authorities had failed to notify him of the
discontinuation decision in 1985, making the proceedings excessively lengthy.

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Lack of impartiality of the court when in a trial for revealing state secrets 1/3 of the jurors were related to secret services!

JUDGMENT
Danilov v. Russia 01.12.2020 (app. no. 88/05)
Jurors, principle of impartiality and the right to examine witnesses.
A famous physicist was found guilty of treason for revealing state secrets. The applicant complained of jury bias and that his restrictions on the examination of witnesses meant that he did not have access to a fair trial.
The ECtHR found that bias issues were identified in the composition of the jury as 4 of the 12 jurors carried “state security clearance”. The national court should therefore have considered this issue in detail. The failure of the courts to do so violated the ECHR.

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The civil liability of an acquitted driver for driving under the influence of alcohol did not violate his presumption of innocence

JUDGMENT
Ilias Papageorgiou v. Greece 10.12.2020 (app. no. 44101/13)
Presumption of innocence and civil trials. Civil decisions against the applicant despite the fact that he was acquitted in criminal proceedings for the same facts. The applicant was involved in a car accident and his passenger was injured. He took two breathalyzer tests, with scores of 0.67 and 0.57 mg / l, but was later acquitted by the criminal court for driving under the influence of alcohol.
Lawsuit of the passenger against the applicant and his insurance company. The insurance company brought an action against the applicant. The civil court of first instance ordered the applicant and the insurance company to pay compensation to the passenger, but rejected the insurance company’s claim against the applicant. On appeal, the Athens Court of Appeal ruled that it was not bound by the applicant’s acquittal in the criminal courts and that, under the terms of the insurance contract, the applicant’s conduct relieved the insurance company of its liability. The Supreme Court held that Article 6 § 2 of the ECHR did not require the civil courts to be bound by the judgment of the criminal courts and therefore the Court of Appeal had not questioned the presumption of innocence of the applicant.

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The Athens Court of Appeals did not take into account a affidavit that had not been submitted in accordance with the Code of Civil Procedure. Non-violation of access to court as its content emerged from the testimony of a witness at the hearing precedures

The applicants in this case considered that the refusal by the court of appeal and the Court of
Cassation to take account of evidence which they considered as decisive for the outcome of the case
had been excessively formalistic. Those courts had considered that the documents in question had
not been presented to the court of appeal in accordance with the requirements of Article 240 of the
Greek Code of Civil Procedure.

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Conviction of the accused of drug trafficking after police instigation and trapping. Violation of fair trial

JUDGMENT Akbay and others v. Germany 15.10.2020 (app. no. 40495/15, 40913/15 and 37273/15) see here SUMMARY Fair trial and police trapping. The applicants were convicted of importing and trafficking drugs. In order to commit the crime, they were instigated by an undercover police officer who encouraged them to commit the act, allegedly providing them with […]

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The criminal conviction of doctors after their disciplinary conviction for suspension of medical practice did not violate the principle ne bis in idem

JUDGMENT Faller v. France (app. no. 59389/16) and Steinmetz v. France (App. no. 59389/16) 22.10.2020 see here SUMMARY The case concerned two doctors who complained that they had been convicted by a criminal court for fraud on account of acts for which they had already been punished. The applicants had first been found liable by […]

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υπερασπιστές ανθρωπίνων δικαιωμάτων

Impartial court because the father of the investigator who participated in the pre-trial procedure. The conviction of a prosecutor and a politician who participated in a demonstration for electoral fraud violated the right to assemble

JUDGMENT Jhangiryan v. Armenia 08.10.2020 (app. no. 44841/08 and  63701/09) & Smbat Ayvazyan v. Armenia 08.10.2020 (app.no.  49021/08) SUMMARY Participation in a demonstration – protest and the right to assemble. The applicants are public figures, prosecutors and former opposition MPs respectively. They took part in demonstrations that broke out in Armenia for election fraud. They […]

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Condemnation of a citizen for sending two messages to a friend promoting a terrorist organization. Violation of freedom of expression

JUDGMENT SÜER v. Turkey 29-09-2020 (app. no. 77711/11) see here  SUMMARY Freedom of expression. Sending a message to a friend in fn the name of a terrorist organization. The applicant was accused of propaganda in favor of the PKK terrorist organization because he sent two messages to a friend, praising her. He was sentenced to […]

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The condition that a defendant convicted in absentia appear in person during the retrial does not constitute a disproportionate burden

JUDGMENT Chong Coronado v. Andorre 23.07.2020 (application no. 37368/15) see here  SUMMARY The case concerned criminal proceedings leading to the applicant’s conviction in absentia at first instance. The applicant complained that he had not been able to lodge an appeal as he would first have had to travel to Andorra in person to appear before […]

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Collection and retention by police of non sensitive personal data of a criminal did not violate the right to privacy

JUDGMENT Ρ.Ν. v. Germany  11.06.2020 (no. 74440/17) see here   SUMMARY Personal data and police investigation. The applicant had previously been convicted of several serious offenses. A criminal prosecution was ordered again for accepting and disposing of the proceeds of crime, and the police issued an order to collect photographs of the applicant and fingerprints […]

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ECHRCaseLaw

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