Criminal

φυλακές

Declaring part of a suspended prison sentence as served constituted sufficient redress for excessively long proceedings

JUDGMENT  Chiarello v. Germany  20-06-2019 (no. 497/17) see here SUMMARY Exceeding the length of the criminal proceedings. The Court found that the applicant could no longer claim to have been a “victim” within the meaning of Article 34 of the Convention, given that part of the suspended prison sentence wascharacterised by the Court as a penalty. […]

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Serious injury from car accident. Research on accident conditions. Archiving the case after thorough proceedings and full examination and recording of the evidence did not violate the right to life of the applicant.

JUDGMENT Nicolae Virgiliu Tănase v. Romania 25.06.2019 (no. 41720/13) see here  SUMMARY  Road  traffic accident with severe body injuries. The applicant was involved in a road traffic accident when a moving car crashed  heavily into the back of his car shunting it, into the back of a parked  military lorry. He suffered serious injuries and […]

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Protest against the felling of trees into a park and protestors’ rights.

JUDGMENT  Chernega and others v. Ukraine  18-06-2019 (no. 74768/10) see here   SUMMARY  A protest againstthe felling of trees in a public park to build a road. Allegations of violations of protesters’ rights. State responsibility for acts of private guards recruited by a private company and coercing in the presence of the police. The ECtHR found […]

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δικηγόρος

Judge impartiality. Participation in court panel, which examined bank executives, a judge whose son was a legal advisor to the same bank, raises suspicions of a lack of impartiality. Failure to examine a witness that was not essential does not violate the fair trial.

JUDGMENT Sigurður Einarsson and others v. Iceland 04.06.19 (no. 39757/15)  see here  SUMMARY  Impartiality  ofJudge and fair trial. Not examination of witness that was not  essential. The conditions for ensuring fair trial are, inter alia, the impartiality of the judge, access to evidence and the examination of witnesses. The applicants, senior executives at Kaupping Bank, […]

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Gülelen and a secret extradition of five teachers from Moldova to Turkey because of alleged ties with the movement. Violation of the ECHR.

JUDGMENT  Ozdil and others v. The Republic of Moldova 11.06.2019 (no. 42305/18) see here  SUMMARY  Extradition of  five Turkish professors who were wanted by the Turkish authorities for alleged ties to the Fethullah Gülen movement. The Court found in particular that the arrest of the applicants and the speed of their extradition from Moldova to Turkey […]

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The fabricated robbery and the non-appointment of a lawyer in the police investigation. The Court was not persuaded of the existance of a ECHR violation.

JUDGMENT Farrugia v. Malta 04.06.2019 (no. 63041/13) see here SUMMARY  Fabricated robbery. Police Prosecution without the presence of a lawyer. Following a robbery in his professional area, the applicant was questioned by the police, who suspected that the crime was based, in particular, on the allegations of one of his employees, namely that the applicant had […]

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The reasoned rejection of a request of a prisoner convicted of terrorist acts for his transfer to a prison close to his family did not violate the right to respect for his family life

JUDGMENT  Fraile Iturralde v. Spain 28.05.2019 (no. 66498/17) see here SUMMARY A prisoner convicted as a member of a terrorist organization for involvement in a terrorist act has asked to be transferred to a prison closer to his family. Refusal by the national authorities to carry it out. The Court found that the reasons for […]

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Restriction on right of access to a lawyer during police interviews did not breach the right to a fair trial

JUDGMENT  Doyle v. Ireland 23.05.2019 (no. 51979/17) see here SUMMARY Access to a lawyer during police questioning. The applicant’s complaint that the right of access to a lawyer was confined during his examination by the police regarding intentional homicide. Although the applicant could consult his lawyer before and after the questioning, police practice at that […]

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φυλακές

The amendment of a decision with a change in the date of commencement of the merging sentence in absentia of the accused violated the right to a fair trial.

JUDGMENT  Kereselidze v. Geogia 28.03.2019 (no. 39718/09) see here SUMMARY Amendment of the starting of a period for calculating a prison sentence in absentia of the accused. Extending the applicant’s detention, since, as a result of an amendment, the date of commencement of the sentence was calculated as the date of the imposition of the […]

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φυλακές

Temporary detention without a judicial decision violated Article 5 of the ECHR. No State liability for violating the presumption of innocence of an accused coming from a newspaper

JUDGMENT  Mityanin and Leonov v. Russia  07.05.2019  (no. 11436/06 and 22912/06) see here SUMMARY  Arrest of the applicants for armed robbery as members of a criminal organization and temporary detention without a judicial decision. Article in a newspaper with a photograph of the accused in wich he was  described as guilty. The European Court of […]

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ECHRCaseLaw

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