JUDGMENT Akdağ v. Turkey 17.09.2019 (no. 75460/10) see here SUMMARY The case concerned access to a lawyer in police custody. The applicant alleged that she had confessed to being a member of an illegal organisation after being threatened and ill-treated by the police, without access to a lawyer. Although the Court rejected as inadmissible the […]
JUDGMENT Januškevičienė v. Lithuania 03.09.2019 (no. 69717/14) see here SUMMARY Presumption of innocence and lawsuit for violations. Non-exhaustion of internal remedies. The possibility of bringing an action for infringement of the presumption of innocence and having regard to the positive case-law of national courts which have awarded damages for infringement of the presumption of innocence […]
JUDGMENT Magnitskiyiy and others v. Russia 27.08.2019 (no. 32631/09 and 53799/12) see here SUMMARY Conviction of the deceased. Criminal responsibility does not remain after the defendant death. This dictates the presumption of innocence. Conviction of the accused after his death violates the right to a fair trial as criminal proceedings require the defendant to participate. […]
JUDGMENT Izmestyev v. Russia (application no. 74141/10) of 27.08.2019 see here SUMMARY Video surveillance of a life prisoner with security cameras on a 24-hour basis, restrictions on his family visits, prolonged detention and trial in camera. The European Court of Human Rights held, unanimously, that there had been: a violation of Article 3 (prohibition of […]
JUDGMENT Alternative für Deutschland v. Germany 04.07.2019 (no. 57939/18) see here SUMMARY German party surveillance suspected of hostile endeavours against the Constitution. Non-exhaustion of internal remedies. The case concerned public comments by the Federal Office for the Protection of the Constitution about its suspicion of endeavours hostile to the constitution by the applicant party. The Court found […]
JUDGMENT Júlíus Þór Sigurþórsson v. Iceland 16.07.2019 (no. 38797/17) see here SUMMARY Unfair competition, criminal conviction. The applicant was accused of unfair competition on collusion between corporate materials prices. He was acquitted at first instance but the Prosecutor appealed. The Second Instance Court, although was requested, did not re-examined the co-defendants and witnesses, but relied […]
JUDGMENT Shala v. Switzerland 25.07.2019 (no. 63896/12) see here SUMMARY Failure to inform criminal trial witnesses of their right to consular assistance. Intentional homicide and fair trial. No infringement. The applicant is sentenced by the Swiss courts for murder in the context of a blood feud. Complaints of infringement of fair trial. The applicant criticized […]
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 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. […]
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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