Criminal Archives

The incorrect assessment of evidence of a drug convicted violated the fair trial

Article 6 - Par. 1
19/03/2019 10:34

JUDGMENT Kobiashvili v. Georgia 14.03.2019 (no. 36416/06) see here SUMMARY Drug conviction. The manner in which the basic evidence against the applicant was gathered calls into question the credibility and accuracy of the evidence. Procedural irregularities in the applicant’s personal investigation, inconsistent and contradictory evidence of the actual circumstances of the investigation, inadequate judicial control […]

The refusal of the courts to display the recorded video of the fight between the parties, violated the right of the accused to a fair trial

Article 6
09/03/2019 17:20

JUDGMENT Abdullayev v. Azerbaijan 07-03-2019 (no. 6005/08) see here SUMMARY The refusal of the courts to examine the video evidence. Prosecution and conviction of a former Parliament Member due to his fight with another Member during the parliamentary assembly. The Court found that the refusal of the national courts to examine the video evidence without […]

The press release of the Ministry of Interior and the violation of the presumption of innocence

Article 13
26/02/2019 15:49

JUDGMENT Lolov and others v. Bulgaria 21.02.2019 (no. 6123/11) see here SUMMARY Presumption of innocence and family criminal organization. A family is accused of creating a criminal organization that favors tax evasion and extortion. They complaint that their presumption of innocence had been violated because of a press release issued by the Ministry of Interior, […]

Strasbourg Criteria regarding the request of an accused to examine witness

Article 6
31/12/2018 14:54

GRAND CHAMBER JUDGMENT Murtazaliyeva v. Russia 18.12.2018 (no. 36658/05) see here SUMMARY The case concerned the applicant’s being found guilty of terrorism charges and her complaint that the trial had not been fair because she had not been able properly to view a police video surveillance tape in court and that the courts had refused […]

The excessive formalism of a court in interpreting a time-limit prevented the accused from gaining access to a court

Article 6
15/12/2018 16:47

JUDGMENT Witkowski v. Poland 13.12.2018 no. 21497/14) see here SUMMARY Request for reasons to be given for a judgment. The Code of Criminal Procedure provided that in order to provide a statement of reasons in the criminal court judgment, the party must make a request within 7 days of its issue. The applicant filed this request […]

The effective search for serious personal injury can also be done by civil courts. No criminal or disciplinary investigation is required for the purposes of Article 3 of the ECHR if the finding was completed in civil proceedings

Article 3
09/12/2018 15:04

JUDGMENT Isayeva v. Ukraine 4.12.2018 (no. 35523/06) see here SUMMARY Serious physical injury to a psychiatric patient from the aggressive behavior of another patient. There was no prosecution or disciplinary investigation to investigate the incident and the existence of liability for this (patient and / or nurses). The victim and the applicant filed two appeals […]

Polish man who was given custodial penalty for protesting during a trial of communist-era generals suffered rights violations

Article 10
06/12/2018 19:21

JUDGMENT Słomka v. Russia 6.12.2018 (no. 68924/12) see here SUMMARY The case concerned the applicant’s 14-day custodial sentence for contempt of court after shouting slogans during the trial of communist-era generals who ordered martial law in the 1980s. The Court held that the applicant’s actions had aimed at criticising the judiciary and a perceived lack […]

The removal of the lawyer from the police because he informed the accused of his rights to silence and non-self-incrimination. The active and guaranteeing role of the lawyer in criminal proceedings is important.

Article 6
03/12/2018 09:40

JUDGMENT Soytemiz v. Turkey 27.11.2018 (no. 57837/09) see here SUMMARY Criminal proceedings for the offense of assisting in the illegal organization of the Turkish Revolutionary Party. The role of advocates. Right to silence and non-self-incrimination in the pre-trial proceedings. The removal and replace the officially appointed lawyer of the accused because he has informed him […]

The barring of the offence regarding the participation in a terrorist organization of a teacher. The national court violated his presumption of innocence by referring to a later trial that he was a member of the terrorist organization. The adventure of a CV.

Article 6
30/11/2018 09:02

JUDGMENT Urat v. Turkey 27.11.2018 (no. 53561/09 and 13952/11) see here SUMMARY Presumption of innocence and disciplinary proceedings. Disciplinary dismissal of teachers for involvement in the Hizbollah terrorist organization despite the fact that they have never been convicted of the offense. The verbal formula used by the courts must not identify criminal liability for the […]

Complaint about obligation to testify as a witness against former accomplices was inadmissible

Article 6
25/11/2018 18:42

JUDGMENT Wanner v.Germany 22.11.2018 (no. 26892/12) see here SUMMARY The case concerned the applicant’s conviction for giving false testimony as a witness in criminal proceedings against his former accomplices. The Court observed that, since Mr Wanner’s conviction for assault had become final, there was no legal possibility of him being prosecuted again for his participation […]

Criminal