Criminal

Deprivation of the right to choose a defense lawyer and the national court’s formalism in the late appeal violated the ECHR

JUDGMENT Lobzhanidze and Peradze v. Georgia 27.02.2020 (no. 21447/11 and 35839/11) see here  SUMMARY Evidence, Appointment of Attorney, Appeal and Fair Trial. The applicants were convicted of forgery for a virtual sale of real estate. In addition, the first applicant was charged with the offense of bribery of judicial officers for attempting to influence a […]

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Activist journalist persecuted due to ‘fabricated’ accusations: The Court condemns many rights violations

JUDGMENT Khadija Ismayilova v. Azerbaijan  25.02.2020 (no.2) (application no. 30778/15) see here SUMMARY The case concerned the applicant’s complaint that she had been arrested and detained without a reasonable suspicion of an offence and her allegations that those acts were aimed at punishing her for her work as a journalist who was critical of the […]

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The Court intervenes on the substance of the criminal case. Non-examination of evidence, insufficient reasoning and lack of impartiality: Unfair trial

JUDGMENT Paixão Moreira Sá Fernandes v. Portugal 25.2.2020 (no. 78108/14) see here  SUMMARY The case concerned the applicant’s conviction for recording a conversation with a businessman who was offering him money to ensure that his brother, a Lisbon City Councillor, would withdraw his opposition to a contract that the businessman wished to conclude with the […]

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Systematically restricting the legal representation of the suspect in the pre trial proceedings: breach of the fair trial

JUDGMENT Mehmet Zeki Çelebi v. Turkey  28.1.2020  (no. 27582/07) see here  SUMMARY Fair trial and representation by a lawyer. The applicant was arrested on charges of involvement in terrorist organization, extortion and premeditated homicide. At the pretrial stage he requested legal representation but was not required by law and his apology was in the absence […]

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Reading pre-trial testimony from absent witnesses. Non-infringement of fair trial. Conditions for accepting depositions.

JUDGMENT Lobarev and others v. Russia 28.01.2020 (no. 10355/09, 14358/11, 12934/12, 76458/12, 25684/13 and 49429/14) see here  SUMMARY Fair trial and reading of testimony of absent witnesses. The applicants are Russian nationals. During the criminal trial in which they were indicted, pre-trial testimonies of absent witnesses were read and their conviction was heard. They complained about […]

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Publisher’s criminal conviction for hate speech did not violate freedom of expression

JUDGMENT Atamanchuk v. Russia  11.02.2020 (no. 4493/11) see here SUMMARY The case concerned a businessman’s conviction for inciting hatred and enmity following statements about non-Russians in an article published in a local newspaper. The Court found in particular that the applicant’s sweeping remarks had not contributed to any public debate and agreed with the national […]

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A judge has tried two cases with the same defendant. The fair trial was not violated and no discrimination was found.

JUDGMENT Alexandru Marian Iancu v. Romania 04.02.2020 (no. 60858/15) see here   SUMMARY The case concerned the applicant’s allegation that a judge who had been involved in convicting him in two sets of connected proceedings could not be impartial. The Court found that aside from the alleged similarity between the two sets of proceedings against […]

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φυλακές

Infringement of fair trial by lack of reasoning by the Court of Cassation for non-recognition of the benefit of mitigating circumstances.

JUDGMENT Felloni v. Italy 06.02.2020 (no. 44221/14) see here  SUMMARY The case concerned criminal proceedings which led to Mr Felloni’s conviction for driving while unfit through drink. Mr Felloni alleged that his prison sentence was the result of the retrospective application of harsher criminal legislation. In particular, he complained that he had not been granted […]

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Yukos affair and Putin statements. A series of violations against the accused. Multiple Russian condemnation of ECHR violations

JUDGMENT Khodorkovskiy  and Lebedev v. Russia  14.01.2020 (n. 2) (appl. no. 51111/07 and 42757/07) see here  SUMMARY The case concerned the second trial of former Yukos executives Mikhail Khodorkovskiy and Platon Lebedev. The European Court of Human Rights held unanimously that there had been breaches of the applicants’ right to a fair trial under Article […]

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