Defendant Archives

Pre-trial detention for 13 months of a President of a human rights NGO, without reasonable suspicion of committing crimes! Violations of personal freedom and freedom of expression

Article 10
11/06/2022 18:38

JUDGMENT Taner Kılıç (no. 2) v. Turkey 31.05.2022 ( app. no. 208/18) see here SUMMARY The case concerned the initial and continued pre-trial detention of Mr Kılıç who, at the relevant time, was Chairperson of the Turkish branch of the NGO Amnesty International. Mr Kılıç was arrested in June 2017 on suspicion of belonging to […]

Conviction for moral instigation in embezzlement by civil servant with aggravating circumstance despite the abolition of the latter by the introduction of a new law! Violation of Article 7 of the ECHR

Article 7
30/05/2022 06:19

JUDGMENT Sinan Çetinkaya and Ağyar Çetinkaya v. Turkey 25.05.2022 (app. no. 74536/10 and 75462/10). see here SUMMARY Principle of retroactive application of the most lenient criminal law. Application of the principle to the aggravating circumstance. The applicants in 1999 allegedly obtained loans from a state-owned bank using forged documents on behalf of 76 borrowers. This […]

Defence rights of persons being interviewed voluntarily: the European Court requires observance of the safeguards applicable to police custody

Article 6 - Par. 1
28/04/2022 19:19

JUDGMENT Wang v. France (app. no. 83700/17) and Dubois v. France 28.04.2022 (app. no. 52833/19) see here SUMMARY Both cases concerned individuals prosecuted and convicted for unlawfully practising medicine. They complained of the conditions in which their voluntary police interviews had been conducted. While noting the fact that legislative reforms substantially strengthening the rights of […]

Restrictions on access to a lawyer in the initial stages of criminal proceedings in breach of the applicant’s right to a fair trial

Article 6 - Par. 1
20/03/2022 13:18

JUDGMENT Tonkov v. Belgium 08.03.2022 (app. no. 41115/14) see here SUMMARY In this case, Mr Tonkov complained that he had been deprived of his right of access to a lawyer in the initial stages of the judicial investigation against him, and in particular during his police custody and during the hearings, interviews and other investigative […]

Sanction for threatening a governor for 6 months with suspension. The sentence was disproportionate as the plaintiff’s wish for non-punishment of the accused was not taken into account!

Criminal
30/01/2022 18:29

JUDGMENT Drača v. Croatia 20.01.2022 (app. no. 55724/19) see here SUMMARY Conviction of the accused without summoning him to the court of appeal. The plaintiff did not want the accused to be prosecuted. Disproportionate penalty. Fair trial. The applicant, a Croatian national, was charged with the offense of threatening a public official, namely the Governor. […]

Illegal arrest and detention of court officials in Turkey! Unjustified extension of the concept of in flagrante delicto

Article 5
30/12/2021 09:01

JUDGMENT Turan and others v. Turkey 23.11.2021 (app. no. 75805/16 and 426 more applications) see here SUMMARY Arrest and temporary detention of court officials without legal process. Temporary detention of judges suspected of participating in an illegal organization following a coup attempt, based on an unjustified extension of the concept of self-inflicted crime (in flagrante […]

Conviction of an accused by the same judges who previously tried his co-accused with references to his guilt. Impartial court

Article 6
02/12/2021 19:31

JUDGMENT Mucha and Slovakia 25.11.2021 (app. no. 63703/19) see here SUMMARY The case concerned the applicant’s conviction and sentencing to 23 years’ imprisonment for various organised-crime activities, including violent offences. Part of the reasoning of the domestic courts had been based on evidence testimony by accomplices who had turned State’s evidence following plea-bargain agreements. The […]

ECtHR first decision for civil liability due to non-removal of “tags” on the internet!

Article 10
26/11/2021 20:06

JUDGMENT Biancardi v. Italy 25.11.2021 (app. no. 77419/16) see here SUMMARY The case concerned the “right to be forgotten”. The applicant, a former editor-in-chief of an online newspaper, was found liable in civil proceedings for having kept on his newspaper’s website an article reporting on a fight in a restaurant, giving details on the related […]

Incorrect application of a decision of the ECtHR in revision proceeding for violation of a fair trial! New violation of the ECHR

Article 6 - Par. 1
19/11/2021 19:43

JUDGMENT Serrano Contreras v. Spain 26.10.2021 (no. 2) (app. no. 2236/19) see here SUMMARY Mandatory validity of ECHR decisions in accordance with Article 46 of the ECHR. On the occasion of the distortion of a decision of the ECtHR by the defendant state, the Court reiterated that its decisions have binding force. States are free […]

Trial in camera. The court’s denial to the accused to examine forensic experts and give full access to the case file! Conviction for multiple violations of the ECHR!

Article 6 - Par. 1
21/10/2021 18:06

JUDGMENT Kartoyev and others v. Russia 19.10.2021 (app. no. 9418/13) see here SUMMARY The case concerned the criminal proceedings against the applicants, nine Russian nationals who were charged with committing two terrorist attacks in 2009. They claimed that they had not had a trial before an independent and impartial court, that they had been deprived […]

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