The incorrect assessment of evidence of a drug convicted violated the fair trial

JUDGMENT  Kobiashvili v. Georgia 14.03.2019 (no. 36416/06) see here SUMMARY Drug conviction. The manner in which the basic evidence against the applicant was gathered calls into question the credibility and accuracy of the evidence. Procedural irregularities in the applicant’s personal investigation, inconsistent and contradictory evidence of the actual circumstances of the investigation, inadequate judicial control […]

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The refusal of the courts to display the recorded video of the fight between the parties, violated the right of the accused to a fair trial

JUDGMENT  Abdullayev v. Azerbaijan  07-03-2019 (no. 6005/08) see here SUMMARY  The refusal of the courts to examine the video evidence. Prosecution and conviction of a former Parliament Member due to his fight with another Member during the parliamentary assembly. The Court found that the refusal of the national courts to examine the video evidence without […]

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The press release of the Ministry of Interior and the violation of the presumption of innocence

JUDGMENT Lolov and others v. Bulgaria 21.02.2019 (no. 6123/11) see here SUMMARY Presumption of innocence and family criminal organization. A family is accused of creating a criminal organization that favors tax evasion and extortion. They complaint that their presumption of innocence had been violated because of a press release issued by the Ministry of Interior, […]

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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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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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