Evidence of innocence

Unjustified conviction based on a police officer’s testimony ignoring other eyewitnesses! Violation of fair trial

JUDGMENT MAJIDLI v. AZERBAIJAN 16.02.2023 (app. no. 7218/13) see here  SUMMARY Criminal conviction of the applicant for active participation in actions causing a breach of public order following his participation in an unauthorised peaceful demonstration. The applicant had participated in the demonstration, which had been intended to be peaceful and had been conducted in a […]

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Prosecution statements for violation of activists’ offenses before trial. Use of the toilet from a detainee in the presence of a male police officer! Violation of the presumption of innocence and privacy

JUDGMENT Yunusova and  Yunusov v. Azerbaijan  16.07.202  (no. 2) (app. no. 68817/14) see here SUMMARY Defenders of Human Rights and heaps of violations against them. Protection from the Court. The applicants are activists, members of NGOs that aim to promote dialogue between civil society. They had been summoned as witnesses in a third-party trial and […]

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The deprivation of salary for a defendant who went on holiday during the criminal proceedings violated the right to property. Conviction for payment of salaries and non-pecuniary damage

JUDGMENT Anželika Šimaitienė v. Romania 21.04.2020  (no.  36093/13) see here SUMMARY Deprivation of a judge’s salary during the criminal proceedings. Lack of predictability of a law as the legislation did not provide for the suspension of judicial duties. The position of judge on leave was provided for in a later law. The applicant is a […]

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The finding of civil liability is not contrary to the presumption of innocence, when based on additional evidence.

JUDGMENT Fleischner v. Germany 3/10/2019 (no. 61985/12) see here SUMMARY Civil and criminal liability, obligation to pay damages. The applicant was charged with four others for abductions. The criminal proceedings against him were adjourned as ruled unfit to stand for trial, but the Civil Courts recognized the applicant’s civil liability and his obligation to pay […]

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Compensation for terrorists relatives and the presumption of innocence.

JUDGMENT  Larrañaga Arando and others v. Spain (no. 73911/16, 233/17, 3086/17 and 5155/17) and Martínez Agirre and others (no. 75529/16 and 79503/16) 18.07.2019 SUMMARY  Presumption of innocence and compensation for death of a relative by terrorists. The applicants complained under Article 6 § 2 (presumption of innocence) that they had been denied the state compensation they were entitled […]

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στρατιώτης

The refusal to cancel a police officer’s dismissal following an irrevocable acquittal, violates the presumption of innocence

JUDGMENT  Seven v. Turkey 23.01.2018 (no.  60392/08) see here SUMMARY  Dismissal of policeman after rape and abuse of power. Criminal courts have irrevocably acquitted him of the charges. Refusal of the Administrative Courts to cancel the dismissal following the irrevocable acquittal decision. Infringement of the presumption of innocence (Article 6 § 2). PROVISION  Article 6 […]

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Early disciplinary punishment before the criminal justice judgement cancels the presumption of innocence

JUDGMENT Kemal Coşkun v. Turkey 28-03-2017 (no. 45028/07) see here  SUMMARY Presumption of innocence. Early disciplinary decision. The applicant denounced his dismissal by the police and the relative legal proceedings, which he alleged were unfair. During the disciplinary proceedings, the Supreme Disciplinary Board found that the applicant had committed the offenses of rape, assault, and […]

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The presumption of innocence and fair trial through media coverage

JUDGMENT Paulikas v. Lithuania (application no. 57435/09) see here SUMMARY Fair trial and presumption of innocence. Extensive event coverage by the media before the trial of the case. The case concerned the criminal trial and conviction of Mr Paulikas, in relation to a car accident in which his vehicle had killed three ten-year-old children. Mr […]

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Sentences imposed by the administrative courts in spite of acquittals in criminal proceedings: violations of the Convention

JUDGMENT: Kapetanios and others v. Greece 30.04.2015 (nos. 3453/12, 42941/12, 9028/13) see here   SUMMARY: The case concerned the imposition of administrative fines on individuals accused of contraband who had been acquitted of a criminal offence. The Court found in particular that the fact of ordering the three applicants to pay administrative fines, even though they […]

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The validity of the presumption of innocence following a Strasbourg decision.

JUDGMENT: Dicle and Sadak v. Turkey 16.06.2015 (no. 48621/07) see here SUMMARY: The continuation of the conviction in the criminal record despite the commencement of the repeat procedure constitutes a breach of the presumption of innocence. This case concerned the consequences of the reopening of proceedings in the national courts of criminal jurisdiction following the […]

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