Criminal Archives

Prisoner anal reserch for drugs and its videotaping. Insufficient research. Humiliating treatment (procedural part) and violation of a fair trial

Article 3
13/11/2020 18:03

JUDGMENT
Bokhonko v. Georgia 22.10.2020 (app. no. 6739/11)
Degrading treatment of an inmate and effective investigation. The applicant was arrested for a drug offense. He filed a complaint for inhuman and degrading treatment, claiming that during his arrest he underwent a humiliating physical anal search and was videotaped by police. He also complained that the domestic courts based their decision on this evidence even though it was taken during ill-treatment.

Failure of key witnesses to testify at the hearing and refusal of the Court of appeal to take into consideration the sworn statement of one witness who had retracted his initial testimony against him. Violation of a fair trial and the right to examine witnesses

Article 6 - Par. 1
06/11/2020 17:31

Failure of key witnesses to testify at the hearing and refusal of the Court of appeal to take into consideration the sworn statement of one witness who had retracted his initial testimony against him. Violation of a fair trial and the right to examine witnesses

Conviction of the accused of drug trafficking after police instigation and trapping. Violation of fair trial

Article 6 - Par. 1
30/10/2020 19:50

JUDGMENT Akbay and others v. Germany 15.10.2020 (app. no. 40495/15, 40913/15 and 37273/15) see here SUMMARY Fair trial and police trapping. The applicants were convicted of importing and trafficking drugs. In order to commit the crime, they were instigated by an undercover police officer who encouraged them to commit the act, allegedly providing them with […]

Impartial court because the father of the investigator who participated in the pre-trial procedure. The conviction of a prosecutor and a politician who participated in a demonstration for electoral fraud violated the right to assemble

Article 11
18/10/2020 12:09

JUDGMENT Jhangiryan v. Armenia 08.10.2020 (app. no. 44841/08 and 63701/09) & Smbat Ayvazyan v. Armenia 08.10.2020 (app.no. 49021/08) SUMMARY Participation in a demonstration – protest and the right to assemble. The applicants are public figures, prosecutors and former opposition MPs respectively. They took part in demonstrations that broke out in Armenia for election fraud. They […]

Arbitrary accusation of extremist action due to unclear legal framework. Violation of freedom of expression. Indefinite criminal provision

Article 10
10/10/2020 16:42

JUDGMENT Karastelev and others v. Russia 06.10.2020 (app. no. 16435/10) see here SUMMARY The case concerned complaints brought by the chief officer and deputy chief officer of a human rights NGO about anti-extremist legislation in Russia. The Russian authorities had found that a poster they had displayed during a protest against a law on minors […]

The criminal conviction of a protester for giving a speech against the police, based on provisions without the necessary predictability, violated his freedom of expression.

Article 10
02/10/2020 18:17

JUDGMENT Bozan v. Turkey 29.09.2020 (app. no. 56816/10 and 4175/11) see here SUMMARY Criminal conviction and freedom of expression. Demonstration in memory of fourteen members of the PKK who were killed by police. When the protesters stayed silent for a minute as a tribute to the dead, the plaintiff spoke out against the police actions […]

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

Article 6
24/09/2020 20:04

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
21/09/2020 11:17

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
20/09/2020 13:42

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
10/09/2020 07:36

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, […]

Criminal

Prisoner anal reserch for drugs and its videotaping. Insufficient research. Humiliating treatment (procedural part) and violation of a fair trial

Failure of key witnesses to testify at the hearing and refusal of the Court of appeal to take into consideration the sworn statement of one witness who had retracted his initial testimony against him. Violation of a fair trial and the right to examine witnesses

Conviction of the accused of drug trafficking after police instigation and trapping. Violation of fair trial

Impartial court because the father of the investigator who participated in the pre-trial procedure. The conviction of a prosecutor and a politician who participated in a demonstration for electoral fraud violated the right to assemble

Arbitrary accusation of extremist action due to unclear legal framework. Violation of freedom of expression. Indefinite criminal provision

The criminal conviction of a protester for giving a speech against the police, based on provisions without the necessary predictability, violated his freedom of expression.

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

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

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

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

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