Defendant

δικηγόρος

The removal of the lawyer from the police because he informed the accused of his rights to silence and non-self-incrimination. The active and guaranteeing role of the lawyer in criminal proceedings is important.

JUDGMENT Soytemiz v. Turkey 27.11.2018 (no. 57837/09) see here    SUMMARY Criminal proceedings for the offense of assisting in the illegal organization of the Turkish Revolutionary Party. The role of advocates. Right to silence and non-self-incrimination in the pre-trial proceedings. The removal and replace the officially appointed lawyer of the accused because he has informed him […]

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Complaint about obligation to testify as a witness against former accomplices was inadmissible

JUDGMENT  Wanner v.Germany 22.11.2018 (no. 26892/12) see here SUMMARY  The case concerned the applicant’s conviction for giving false testimony as a witness in criminal proceedings against his former accomplices. The Court observed that, since Mr Wanner’s conviction for assault had become final, there was no legal possibility of him being prosecuted again for his participation […]

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Rejection of a defendant’s request for expert examination violated his defense right to examine witnesses.

JUDGMENT Avagyan v. Armenia 22.11.2018  (no. 1837/10) see here   SUMMARY  An accused of manslaughter of two brothers with poisoning during his trial asked the experts to come in order for them to examine them. The reasoning put forward was that there were contradictory and conflicting expert reports on the cause of the deaths of the […]

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δικηγόρος

Chinese student’s murder conviction on the basis of contradictory witness statements violated his right to a fair trial

JUDGMENT  Zhang v. Ukraine 13.11.2018 (no. 6970/15) see here SUMMARY  The case concerned the applicant’s conviction for murder. The Court found in particular that the applicant had been convicted on the basis of contradictory and inconsistent prosecution witness testimony, a reason the case had earlier been remitted several times for further investigation. The courts had […]

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The Court requires sufficient justification for the allegations of the accused concerning the accusation and the evaluation of the witnesses. The reasoning is an important aspect of the fair trial

JUDGMENT Rostomashvili v. Georgia 08.11.2018 (no. 13185/07) see here   SUMMARY  Reasoning of a court’s decision and  fair trial. The applicant was convicted of intentional homicide. His conviction was based on the testimony of the victim’s father who claimed that he witnesses the event. But two witnesses testified that they had announced the murder of his son […]

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Individual’s right to respect for reputation infringed by court judgment on harassment case against local authority

JUDGMENT  Vicent Del Campo v. Spain 6.11.2018 (no. 25527/13) see here SUMMARY The case concerned a domestic judgement which named Mr Vicent Del Campo as having harassed a work colleague, although the defendant in the case was actually his local authority employer. The Court found in particular that there had been no good reason to […]

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Undercovered police officers are presented as drug dealers aiming at arresting the actual perpetrators. Is an unlawful secret police operation compatible with the European Convention on Human Rights in order to verify the offense of drug trafficking?

JUDGMENT  Guerni v. Belgium 23.10.2018 (no.  19291/07) see here SUMMARY  The case concerned criminal proceedings under which Mr Guerni had been convicted of drug trafficking. In the framework of their investigations, the police had been authorised to call on the services of an informer and an undercover agent posing as a purchaser. The Court found […]

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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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ECHRCaseLaw

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