JUDGMENT Camacho Camacho v. Spain 24/09/2019 (application no. 32914/16) see here SUMMARY Fair trial and the principle of adversarial hearing. The applicant was charged with assaulting his ex-wife. He was acquitted at first instance but the public prosecutor appealed . He was sentenced to imprisonment and fined, even though he and several witnesses had never been […]
JUDGMENT Gogaladze v. Georgia 18.07.2019 (no.8971/10) see here SUMMARY Ill -treatment of a suspect for the offense of raping a minor by police officers. The applicant was arrested and interrogated for the offense of the rape of a minor. Two months after the incident and while he was in pre –trial detention, he complained of […]
JUDGMENT Rook v. Germany 25.07.2019 (no. 1586/15) see here SUMMARY File case with electronic records with millions of data in criminal proceedings. Information of the accused and copies of the data. The case concerned the fairness of criminal proceedings where around 80,000 items of telecommunication surveillance data had been produced and 14 million electronic files seized. […]
JUDGMENT Rola v. Slovenia 04.06.2019 (no. 12096/14) see here SUMMARY Revocation of a license and deprivation of profession. Liquidator ‘s complaint that his permission to act in bankruptcy proceedings after his conviction for violent behavior was revoked. The revocation had interfered with the peaceful enjoyment of his property because he was no longer entitled to exercise […]
JUDGMENT Nodet v. France 06.06.2019 (no. 47342/14) see here SUMMARY Excessive administrative fine for stock market manipulation. Alongside a criminal case was brought for the same case and a conviction followed. Clear prohibition of double conviction for the same offense. Principle ne bis in idem.The applicant, a financial analyst, was fined by the financial markets […]
JUDGMENT Liblik and others v. Estonia 28.05.2019 (no. 173/15, 181/15, 374/15, 383/15, 386/15 and 388/15) see here SUMMARY Surveillance of phone conversations. The applicants were accused of high-level corruption. The Inter-Criminal Tribunal had been instructed by the Homeland Security Service to monitor the telephone conversations of the three applicants. Their interference with privacy and correspondence […]
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 […]
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 […]
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, […]
GRAND CHAMBER JUDGMENT Murtazaliyeva v. Russia 18.12.2018 (no. 36658/05) see here SUMMARY The case concerned the applicant’s being found guilty of terrorism charges and her complaint that the trial had not been fair because she had not been able properly to view a police video surveillance tape in court and that the courts had refused […]
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