Defendant

fair trial

The inability to examine a basic witness from the accused consists of a deficit for the fair trial

JUDGMENT Daştan v. Turkey 10/10/2017 (no. 37272/08) see here SUMMARY  Life imprisonment for involvement in an illegal organization. Absence of a basic witness and inability of the accused to investigate and challenge his allegations in the criminal proceedings. Violation of the right of the accused to examine the witness. PROVISION  Article 6 par. 3d PRINCIPAL […]

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δίκαιη δίκη

Article 6 of the ECHR does not apply to Claims for the Revocation of the Code of Criminal Procedure

JUDGMENT  Kokkonis and Chalilopoulou v. Greece 23/11/2017 (application nos. 76386/11 and 76408/11) see here   SUMMARY  The applicants were convicted at first instance by a court in Patras for theft. They appealed, demanded a postponement, and then convicted as present with a reduced sentence, although  they did not appear in the Appeals Court. They then filed […]

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κράτηση

Inadmissible application for non-exhaustion of domestic remedies

JUDGMENT  Domján v. Hungary  23.11.2017 (no. 5433/17) see here   SUMMARY  The applicant, who is a prisoner, has served his sentence in five different prisons in Hungary, where the cells were overcrowded, each had between 3 and 28 prisoners, the appropriate space for each prisoner was less than 3 m, and he could only be outdoors […]

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fair trial

Excessive length of preliminary investigation and entitlement to legal assistance in the preliminary examination

JUDGMENT Kalēja v. Latvia  5/10/2017 (no. 22059/08) see here SUMMARY  Entitlement of a witness to a preliminary examination. Excessive length of the preliminary examination and no legal assistance at this stage in the absence of accusation against him. Infringement of the right to a fair trial regarding the duration of the investigation, but no violation […]

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δίκαιη δίκη

Can a fair trial be based on an unlawful means of proof?

JUDGMENT  Dragoş Ioan Rusu v. Romania  31-10-2017 (no. 22767/08) see here  SUMMARY Trafficking of a prohibited drug through local post. Seizure of correspondence with the urgent procedure without a court decision. Although in contrast with Article 8 regarding  the applicant’s correspondence, the criminal proceedings for drug trafficking were fair after the trial and allegations of […]

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δίκαιη δίκη

The testimony of the victim in the pre-trial is not enough to convict the accused. His presence in the audience is required.

JUDGMENT Cafagna v. Italy 12/10/2017 (no. 26073/13) see here SUMMARY Robbery on the street. The victim testified before the police and identified the accused by photographers. In the audience, the witness never appeared, despite the accused’s wish to examine him. The witness was of unknown residence and could not be found. Thus neither the Court […]

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εξευτελιστική μεταχείριση

Mistreatment of prisoners by police officers with struks on the stomach and the head. Condemnation for torture and inhuman and degrading treatment.

JUDGMENT Zolotorev v. Russia 19-09-2017 (no. 13408/07) see here   SUMMARY Mistreatment of prisoners by police officers. Strucks on the stomach, head and body of two detainees by police officer. In view of the court trial in St. Petersburg the applicant refused to attend without his lawyer being present, and thus the police officers who accompanied […]

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δικαίωμα στη ζωή

Exercise of violence in prison and the protection of the right to prisoners’ lives

JUDGMENT Tekın and Arslan v. Belgium 05-09-2017 (no. 37795/13) see here  SUMMARY  Exercising unnecessary violence against a prisoner with psychiatric problems with arm locks on behalf of police officers which resulted in the death of the prisoner violates the right to life. The Court held that Belgium had violated article 2 of the Convention. PROVISION Article 2 PRINCIPAL […]

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ECHRCaseLaw

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