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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Convictions in absentia. Violation of a fair trial.

JUDGMENT  Hysi v. Albania 22.5.2018 (no. 72361/11) Malo v. Albania 22.5.2018  (no. 72359/11) Muca v. Albania  22.5.2018   (no. 57456/11) Topi v. Albania 22.5.2018   (no. 14816/08) see here see here see here see here    SUMMARY  Criminal proceedings in absentia without the accused having waived the right to appear in court. Infringement of Article 6 § […]

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Detention conditions and the lack of effective remedy for the deatinees to express their complaints

JUDGMENT  Pilalis v. Greece and others 17.05.2018 (no. 5574/16) see here SUMMARY  Protest for prison conditions. Overpopulation of prisons. Water cuts, inadequate meals and medical care. Infringement of Article 13 (right to an effective remedy). No violation of Article 3 (prohibition of inhuman or degrading treatment) of the European Convention on Human Rights. PROVISIONS  Article […]

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Failure to administer special diet to a ill prisoner constitutes degrading treatment and violates the ECHR.

JUDGMENT  Ebedin Abi v. Turkey 13.03.2018 (no. 10839/09) see here   SUMMARY  Prisons and prisoners with diabetes health issues. Providing meals incompatible with the diet prescribed by doctors. No measures for his well-being and health. The government’s remark that the prisoner could eart and pay at the canteen or order a special diet was rejected. The […]

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