Criminal

φυλακές

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

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 […]

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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.

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 […]

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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

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 […]

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

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 […]

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

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 […]

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The sentencing decision, which was based not only on the testimony of a minor witness but also on other evidence, did not violate the overall legal nature of the criminal proceedings.

JUDGMENT P. v. Greece 14.05.2020 (no. 78085/12) see here SUMMARY Right to hear a defendant accused of sexually abusing his son. Right of examination of witnesses. Complaint before the ECtHR about the reading by the national courts of the child’s testimony before the Investigator, which confirmed the sexual abuse. According to the applicant, the testimony […]

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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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Unauthorized consent to obtain a DNA sample is equivalent to non-consent. Taking a saliva without real consent violates the right to privacy

JUDGMENT Dragan Petrovic v. Serbia 14.04.2020 (no. 75229/10) see here SUMMARY The case concerned a police search of the applicant’s flat and the taking of a DNA sample during a murder investigation. The Court found in particular that the search warrant had been specific enough and had been attended by adequate and effective safeguards against […]

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Conviction on the basis of pre-trial testimony of witnesses who failed to testify at the hearing violated fair trial

JUDGMENT Chernika v. Ukraine 12.03.2020 (no. 53791/11) see here SUMMARY Conviction of defendant on the basis of pre-trial testimony of witnesses who failed to testify at the hearing. Infringement of a fair trial. The applicant is a police officer. He was sentenced to 8 years in prison for drug trafficking. During the hearing, 3 key […]

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Not allowing a detainee to attend his mother’s funeral and mot allowing his sister to visit him violated his family’s life.

JUDGMENT Kosenko v. Russia 17.03.2020 (no. 15669/13 and 76140/13) see here SUMMARY  Detainees’ rights. Not granting permission to a prisoner with psychiatric problems to attend his mother’s funeral and not granting permission for a visit to his sister. According to the ECtHR, the applicant’s pre-trial detention was not incompatible with his psychiatric health condition, given […]

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ECHRCaseLaw

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