Defendant

Systematically restricting the legal representation of the suspect in the pre trial proceedings: breach of the fair trial

JUDGMENT Mehmet Zeki Çelebi v. Turkey  28.1.2020  (no. 27582/07) see here  SUMMARY Fair trial and representation by a lawyer. The applicant was arrested on charges of involvement in terrorist organization, extortion and premeditated homicide. At the pretrial stage he requested legal representation but was not required by law and his apology was in the absence […]

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Indefinite retention of DNA, fingerprints and photos of a convicted violated his privacy rights

JUDGMENT  Gaughran v. United Kingdom 13.02.2020 (no. 45245/15) see here  SUMMARY The case  concerned a complaint about the indefinite retention of personal data (DNA profile, fingerprints and photograph) of a man who had a spent conviction for driving with excess alcohol in Northern Ireland. The European Court of Human Rights held, unanimously, that there had been: […]

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φυλακές

Infringement of fair trial by lack of reasoning by the Court of Cassation for non-recognition of the benefit of mitigating circumstances.

JUDGMENT Felloni v. Italy 06.02.2020 (no. 44221/14) see here  SUMMARY The case concerned criminal proceedings which led to Mr Felloni’s conviction for driving while unfit through drink. Mr Felloni alleged that his prison sentence was the result of the retrospective application of harsher criminal legislation. In particular, he complained that he had not been granted […]

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The imprisonment of a convicted felon for homicide, in a prison clinic in cruel conditions and without treatment, constitutes inhuman and degrading treatment. State’s obligation to establish appropriate institutions..

JUDGMENT Strazimiri v. Albania 21.1.2020 (no. 34602/16) see here  SUMMARY The case ) concerned the detention of a man, who had been exempted from criminal responsibility on account of mental illness, in a prison rather than a medical institution. The European Court of Human Rights held, unanimously, that there had been: a violation of Article […]

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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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ECHRCaseLaw

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