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 […]
JUDGMENT Aleksandr Konovalov v. Russia 28.11.2017 (no. 39708/07) see here SUMMARY The applicant has been convicted of intentional homicide (strangling a student) at the age of 12. It was observed by the ECtHR that the applicant had been subjected to inhuman and degrading treatment in the police station (bumps in his body with rubber […]
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 […]
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 […]
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 […]
JUDGMENT Mills v. Ireland 2-11-2017 (no. 50468/16) see here SUMMARY The case of Mills v. Ireland (application no. 50468/16) concerned the applicant’s complaint that his conviction for selling drugs was unfair as it was based on evidence obtained by police entrapment. In its decision in the case the European Court of Human Rights has unanimously […]
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 […]
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 […]
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 […]
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 […]