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 […]
JUDGMENT Avagyan v. Armenia 22.11.2018 (no. 1837/10) see here SUMMARY An accused of manslaughter of two brothers with poisoning during his trial asked the experts to come in order for them to examine them. The reasoning put forward was that there were contradictory and conflicting expert reports on the cause of the deaths of the […]
JUDGMENT Zhang v. Ukraine 13.11.2018 (no. 6970/15) see here SUMMARY The case concerned the applicant’s conviction for murder. The Court found in particular that the applicant had been convicted on the basis of contradictory and inconsistent prosecution witness testimony, a reason the case had earlier been remitted several times for further investigation. The courts had […]
JUDGMENT Rostomashvili v. Georgia 08.11.2018 (no. 13185/07) see here SUMMARY Reasoning of a court’s decision and fair trial. The applicant was convicted of intentional homicide. His conviction was based on the testimony of the victim’s father who claimed that he witnesses the event. But two witnesses testified that they had announced the murder of his son […]
JUDGMENT Hôpital local Saint-Pierre d’Oléron and others v. France 8.11.2018 (no. 18096/12) see here SUMMARY The case concerned a refusal by the social security contributions collection agency (“the URSSAF”) to reimburse the employer’s share of the contributions paid in respect of the employees of residential care facilities for the elderly (“EHPADs”). The applicants had claimed […]
JUDGMENT Kurşun v. Turkey 30.10.2018 (no. 22677/10) see here SUMMARY The case concerned the applicant’s claims for compensation following an oil explosion which damaged his property. He alleged that the State, in its handling of the situation, had failed to give him a fair trial and had violated his right to property. The Court found in […]
JUDGMENT Guerni v. Belgium 23.10.2018 (no. 19291/07) see here SUMMARY The case concerned criminal proceedings under which Mr Guerni had been convicted of drug trafficking. In the framework of their investigations, the police had been authorised to call on the services of an informer and an undercover agent posing as a purchaser. The Court found […]
JUDGMENT Gestur Jónsson and Ragnar Halldór Hall v. Iceland 30.10.2018 (no. 68273/14 and 68271/14) see here PROVISIONS Article 6 Article 7 Article 2 of Protocol n. 7 SUMMARY The case concerned the imposition of fines on the applicants after they resigned as defence counsel in a criminal case. The Court found in particular that the […]
JUDGMENT Dainelienė v. Lithuania 16.10.2018 (no. 23532/14) see here SUMMARY The Court found in particular that the Supreme Court’s impartiality had been compromised because the son of the judge presiding over the panel which had decided not to examine the applicant’s appeal on points of law had been the prosecutor in earlier embezzlement proceedings against […]
JUDGMENT Τhiam v. France 18.10.2018 (no. 80018/12) see here SUMMARY Participation of former President of the Republic of France Nicolas Sarkozy as a civilian party in a criminal trial against a citizen. Complaints by the applicant alleging breach of the principle of equality of arms and lack of impartiality of the court due to the […]
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