Defendant

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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κράτηση

The right of appeal for the review of the detention and the equality of arms

JUDGMENT  Stollenwerk v. Germany  07/09/2017 (no. 8844/12) see here   SUMMARY Review of the lawfulness of the applicant’s detention. Principle of equality of arms. The national court ruled without giving him the opportunity to refute and answer the written observations of the prosecuting authorities. The ECtHR held that there had been a violation of the Convention […]

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The deprivation of an accused of the appeal violates the ECHR

JUDGMENT Rostovtsev v. Ukraine 25-07-2017 (no. 2728/16) see here  SUMMARY The case concerned the applicant’s complaint that he was not allowed to appeal against the conviction with regard to possession of drugs. Based on Article 2 of the 7th Protocol (right to double jurisdiction in criminal matters), Mr Rostovtsev complained that he had been deprived […]

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φυλακές

Long-term detention in a psychiatric institution without the required medical care constitutes degrading treatment

JUDGMENT Rooman v. Belgium 18-07-2017 (no. 18052/11)  see here  SUMMARY The case concerned proceedings brought by Mr Rooman on account of the lack of psychiatric care in the facility in which he was being detained. The Court found in particular that the national authorities had not provided adequate care for the detainee because of the lack […]

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ECHRCaseLaw

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