Criminal

Criminal proceedings which lasted for 11 years in only one level of jurisdiction! Violation of reasonable time of the proceedings

JUDGMENT KLEIN v. SLOVAKIA 30.03.2023 (app. no. 45844/21) see here SUMMARY Excessive length of criminal proceedings in one level of jurisdiction. The criminal proceedings started on 3 November 2011, when charges were brought against him. The proceedings are still pending before the first‑instance court. The applicant lodged a constitutional complaint on 14 May 2021, complaining […]

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δίκαιη δίκη

Criminal courts’ failure to assess applicant’s specific and important arguments. Violation of fair trial

JUDGMENT CUPIAŁ v. POLAND 09.03.2023 (app. no. 67414/11) see here  SUMMARY The applicant was accused of the psychological abuse of his children by means of subjecting them to allegedly excessive religious practices and he was sentenced to one year’s imprisonment. Particularly, he used to wake the children up at night and force them to pray, […]

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Court of Cassation’s failure to examine, without giving reasons, applicant’s request to seek a preliminary ruling from the Court of Justice of the European Union! Violation of article 6 § 1

JUDGMENT GEORGIOU v. GREECE 14.03.2023 (app. no. 57378/18) see here SUMMARY Request to the Greek Court of Cassation to seek a preliminary ruling from the Court of Justice of the European Union (CJEU) which was made by the applicant in the context of criminal proceedings against him, and the alleged absence of any reasoning by […]

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The acceptance of statements obtained by police mistreatment as evidence renders the process unfair, regardless of whether their use was decisive for the conviction of the accused!

JUDGMENT TRACHUK v. UKRAINE 02.03.2023 (app. no. 24413/13) see here SUMMARY The case concerns allegations, under Article 3 and Article 6 § 1 of the Convention, that the applicant was ill-treated by officers of the Kramatorsk police, that her relevant complaint was not properly investigated and that her testimony given as a result of the ill-treatment was used […]

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Dismissal of an appeal on points of law against an acquittal judgment because it was not brought within 30 days from the date of the delivery of the judgment but from the date of its registration. Violation of the right of access to a court

JUDGMENT KARANTALIS v. GREECE 31.01.2023 (app. no. 67398/14) see here SUMMARY Dismissal by the Court of Cassation of an appeal on points of law lodged by the public prosecutor at the applicant’s request against an acquittal judgment delivered in criminal proceedings in which the applicant had participated as a civil party. A criminal complaint was […]

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Criminal proceedings lasted 9 years at one level of jurisdiction! Violation of reasonable length of the proceedings

JUDGMENT ADAMČO v. SLOVAKIA 09.02.2023 (app. no. 25436/21) see here SUMMARY The applicant, a Slovak national, was indicted for murder before the District Court. Following the applicant’s appeal against the District Court’s decision, the case was remitted back to the District Court. In 2018 the applicant lodged a constitutional complaint about the length of the […]

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Unjustified conviction based on a police officer’s testimony ignoring other eyewitnesses! Violation of fair trial

JUDGMENT MAJIDLI v. AZERBAIJAN 16.02.2023 (app. no. 7218/13) see here  SUMMARY Criminal conviction of the applicant for active participation in actions causing a breach of public order following his participation in an unauthorised peaceful demonstration. The applicant had participated in the demonstration, which had been intended to be peaceful and had been conducted in a […]

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Police entrapment of drug suspect. Violation of fair trial

JUDGMENT JEVTIC v. AUSTRIA 24.01.2023 (app. no. 54664/16) see here SUMMARY Police entrapment of the defendant and fair trial. On 30 October 2015 the Vienna Regional Criminal Court convicted the applicant of drug offences. It found that he had been unlawfully incited to commit the offences by a police informant whose actions could be attributed to […]

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Two prison sentences of a journalist for defamatory articles. Disproportionate sanctions. Violation of freedom of expression

JUDGMENT ALIYEV v. AZERBAIJAN of 02.02.2023 (app. no. 34717/10 and 8791/11) see here SUMMARY The applications concern two separate sets of proceedings resulting in two criminal convictions of the same applicant, a journalist who wrote under the pen name “Sardar Alibeyli”, on account of defamatory articles. At the material time the applicant was editor-in-chief of Nota, […]

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Statements by a Government spokesperson about the guilt of a defendant before the criminal proceedings are completed! Violation of the presumption of innocence.

JUDGMENT SAVVAIDOU v. GREECE 31.1.2023 (app. no. 58715/15) see here SUMMARY The applicant was General Secretary of Public Revenue of the Ministry of Finance. On 22.10.2015, following a decision of the Council of Ministers, due to her alleged involvement in acts investigated by the criminal justice system and her referral to the criminal court, she […]

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