Criminal Archives

Sarkozy as President of the Republic and his representation as a civilian party against a citizen. Were the judges affected by his status?

Article 6
18/10/2018 14:28

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 […]

The referendum in Catalonia, the fines in the electoral committee and the Court’s intervention

Article 7
07/10/2018 17:07

JUDGMENT Aumatell i Arnau v. Spain 4.10.2018 (no. 70219/17) see here SUMMARY The case concerned the applicant’s involvement in organising a referendum, scheduled for 1 October 2017, on the independence of Catalonia. The Court first found that the failure to serve notice of the Constitutional Court’s decision personally on Ms Aumatell i Arnau had not […]

The procedures followed by the Court of Arbitration for Sport complied with the right to a fair hearing, apart from the refusal to hold a public hearing

Article 6
02/10/2018 13:28

JUDGMENT Mutu and Pechstein v. Switzerland 02.10.2018 (no. 40575/10 and 67474/10) see here SUMMARY The case concerned the lawfulness of proceedings brought by professional athletes before the CAS. The Court found that the CAS arbitration proceedings to which the applicants had been parties were required to offer all the safeguards of a fair hearing, and […]

UK mass interception and surveillance in the light of the ECHR

Article 10
17/09/2018 08:52

JUDGMENT Big Brother Watch and others v. The United Kingdom 13.09.2018 (no. 58170/13, 62322/14 and 24960/15) see here SUMMARY Complaints by journalists and human rights organizations regarding the massive monitoring of their communications, the exchange of information with foreign governments and the acquisition of communications data by communications service providers. Inadequate supervision of the choice […]

Interpreting in Russian for a Lithuanian in Slovenia violated fair trial right

Article 6
17/09/2018 08:40

JUDGMENT Vizgirda v. Slovenia 28.08.2018 (no. 59868/08) see here SUMMARY Appointment of a Russian-language interpreter to a Lithuanian citizen without him having adequate understanding of the Russian language. Failure to lodge a complaint or protest by the applicant and his lawyer on the appointment of a Russian interpreter. The Court considered that the absence of […]

The refusal of a basic witness to be examined in the audience for non-self-incrimination and the right of the accused to be examined

Article 6
17/09/2018 08:30

JUDGMENT Cabral v. The Netherlands 28.08.2018 (no. 37617/10) see here SUMMARY Robbery in a supermarket. Unique evidence regarding the guilt of the plaintiff – the accused – the testimony – of his accomplice to the police, which was revoked by the witness in the court of first instance. Appearance of the witness at the Court […]

Summons to appear in court served via public notification was not sufficient under the Convention

Article 6
13/09/2018 09:08

JUDGMENT Dridi v. Germany 26.07.2018 (no. 35778/11) see here SUMMARY The case concerned criminal proceedings in which the summons to a hearing was served by public notification and the time given to the defence to prepare for the hearing and attend it. The Court observed in particular that Mr Dridi had a new address in […]

Domestic violence. Conviction without the testimony of the victim at the court

Article 6
13/09/2018 08:53

JUDGMENT Ν.Κ. v. Germany 26.07.2018 (no. 59549/12) see here SUMMARY Criminal conviction of the applicant for domestic violence against the spouse. In particular, the applicant was accused of beating her with ropes and shoes and forcing her to engage in sexual acts. His spouse did not testify during the criminal trial. The applicant complained that […]

Legitimate hospitalization in a psychiatric hospital without the will of the patient

Administrative
13/09/2018 08:29

JUDGMENT Guelfucci v. France 26.07.2018 (no. 31038/12) see here SUMMARY The case concerned hospitalisation in a psychiatric hospital at the request of the applicant’s father. Ms Guelfucci challenged the lawfulness of her forced hospitalisation. The Court held, in particular, that the criteria permitting an individual to be classified as “of unsound mind” and consequently to […]

Family allowances: no discrimination against persons from the Roma ethnic group but excessive length of proceedings

Article 13
13/09/2018 07:49

JUDGMENT Negrea and others v. Romania 19.07.2018 (no. 53183/07) see here SUMMARY The case concerned, among other things, allegations of indirect discrimination on the grounds of belonging to the Roma ethnic group, vis-à-vis the right to family allowances. The Court considered, firstly, that proceedings which lasted seven years and nine months, a duration which […]

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