Criminal Archives - ECHRCaseLaw

Anonymous witnesses. The lack of objective grounds for granting anonymity to witnesses violated the right to a fair trial of the accused

Article 6
September 24, 2020 8:04 pm

JUDGMENT Vasilyev and others v. Russia 22.09.2020 (application no. 38891/08) see here SUMMARY Anonymous witnesses in a criminal trial. Conviction of the applicants for incitement to hatred and participation in an organization banned due to extremist activity. The applicants alleged that their right to a fair trial had been violated because the national courts had […]

The public prosecutor’s statement of guilt violated the presumption of innocence. Prohibition of communication of a detainee with relatives. Violation of privacy

Article 5
September 21, 2020 11:17 am

JUDGMENT Mirgadirov v. Azerbaijan and Turkey 17.09.2020 (app. no. 62775/14) see here SUMMARY Judicial review of the legality of temporary detention, presumption of innocence and the right to respect for the privacy of a detainee. The applicant, a political journalist and political analyst, was arrested and detained on his way back to his country of […]

Formulation of guilt of the accused in a decision for temporary detention and before trial in substance. Violation of the presumption of innocence

Article 5
September 20, 2020 1:42 pm

JUDGMENT Grubnyk v. Ukraine 17.09.2020 (app.no. 58444/15) see here SUMMARY Presumption of innocence. Temporary detention of a suspect, the right to liberty and security of a dangerous criminal as opposed to the public’s right to protection from violent attacks. The applicant was arrested for his involvement in a terrorist attack. The charge was amended to […]

The restriction of the right of access to a lawyer at the pre-trial stage did not affect the overall criminal procedure and the fair trial

Article 6 - Par. 1
September 10, 2020 7:36 am

JUDGMENT Pervane v. Turkey 08.09.2020 (app. no. 74553/11) see here SUMMARY Right of access to a lawyer at the pre-trial stage and a fair trial. Overall assessment of the process. The applicant was arrested in an armed clash between PKK members and security forces, possessing a Kalashnikov rifle. At the pre-trial stage, under current law, […]

The condition that a defendant convicted in absentia appear in person during the retrial does not constitute a disproportionate burden

Article 6
July 26, 2020 11:48 am

JUDGMENT Chong Coronado v. Andorre 23.07.2020 (application no. 37368/15) see here SUMMARY The case concerned criminal proceedings leading to the applicant’s conviction in absentia at first instance. The applicant complained that he had not been able to lodge an appeal as he would first have had to travel to Andorra in person to appear before […]

Personal space in a cell from 1.72 to 2.76m consists of inhumane treatment. The act of a judge who reduced the defendant’s sentence did not consists lack of impartiality

Article 3
July 4, 2020 10:39 am

JUDGMENT George-Laviniu Ghiurău v. Romani 16.06.2020 (no. 15549/16) see here SUMMARY Prison conditions. Fair trial, impartiality of judges and examination of witnesses. The applicant was sentenced to 2 years in prison for severe bodily harm. He appealed to Strasbourg, complaining of inadequate detention conditions, a lack of impartiality of judges in the second instance and […]

The request for an examination of a witness must include why it is a) important to examine the witness and b) necessary to prove the truth.

1st P - Article 1
June 27, 2020 2:43 pm

JUDGMENT Zirnīte v. Latvia 11.06.2020 (no. 69019/11) see here SUMMARY Request and right to examine witnesses. Conditions. Proper penalty for confiscation of assets. The applicant was charged with embezzlement and money laundering. She was acquitted in the first instance, but in an appeal filed by the Prosecutor, the Court of Appeal annulled the first instance […]

Civil conviction for embezzlement against a former prime minister against whom the criminal proceedings had been suspended due to statute of limitations. Violation of presumption of innocence

Article 6 - Par. 1
June 3, 2020 9:03 am

JUDGMENT Farzaliyev v. Azerbaijan 28.05.2020 (no. 29620/07) see here SUMMARY The case concerned proceedings brought against the applicant, the former Prime Minister of the Nakhchivan Autonomous Republic in Azerbaijan (“the NAR”), for allegedly embezzling public funds. He was never convicted of an offence in criminal proceedings, but was subsequently ordered to pay compensation in civil […]

Failure to provide medical care to detainees constitutes inhumane and degrading treatment.

1st P - Article 1
May 31, 2020 9:07 am

JUDGMENT Kadagishvili v. Georgia 14.05.2020 ( no. 12391/06) see here SUMMARY Failure to provide medical care to detainees in accordance with their health problems is inhumane and degrading treatment. Detention of detainees and conditions of a fair trial. The first and third applicants were convicted of money laundering and held in high-security prisons. They […]

The non-disclosure of prosecutorial proposals and the procedure in the appellate court in the absence of the accused violated the fair trial.

Article 6 - Par. 1
May 25, 2020 7:04 am

JUDGMENT Romić and others v. Croatia 14.05.2020 (no. 22238/13, 30334/13, 38246/13, 57701/13, 62634/14, 52172/15 and 17642/15) see here SUMMARY Notification of prosecutorial proposals. Equality of arms and litigation. The applicants were charged with serious misconduct and attempted murder. They were irrevocably convicted. At the trial, they did not have access to the prosecutor’s proposals submitted […]

Criminal