JUDGMENT Girişen v. Turkey 13.3.2018 (no. 53567/07) see here SUMMARY Criminal prosecution for undermining the constitutional order due to involvement in a criminal organization following a telecommunication confession. Absence of advocate in the preliminary examination and excessive length of criminal proceedings. Violation of the right to a fair trial. PROVISIONS Article 6 § 1 Article […]
JUDGMENT Vilches Coronado and others v. Spain 13.03.2018 (no. 55517/14) see here SUMMARY Silence of defendants and conviction. Failure to exercise the right to be heard in order to present his views on the review of the facts does not constitute a violation of the right to a fair trial. PROVISION Article 6 § 1 PRINCIPAL […]
JUDGMENT Dimitar Mitev v. Bulgaria 8.3.2018 (no. 34779/09) see here SUMMARY Prosecution for intentional homicide. Police abuse and confession during an informal interview without the presence of a lawyer. Violation of the right to a fair trial. PROVISIONS Article 6 § 1 Article 6 § 3 (c) PRINCIPAL FACTS The applicant, Dimitar Mitev, is […]
JUDGMENT Asani v. ” the former Yugoslav Republic of Macedonia” 01.02.2018 (no. 27962/10) see here SUMMARY Complaint for the non-examination of key witnesses in a homicide trial. Sentenced by national courts for life imprisonment and appeal before the ECtHR. Violation of the right to a fair trial and the right to invite and witness witnesses. No […]
JUDGMENT Sidiropoulos and Papakostas v. Greece 25.01.2018 (application no. 33349/10) see here SUMMARY The case concerned criminal proceedings leading to the conviction of a police officer for torturing Mr Sidiropoulos and Mr Papakostas, and in particular the sanctions imposed on the offender: a five-year prison sentence commuted to a fine of five euros per day of […]
JUDGMENT Seven v. Turkey 23.01.2018 (no. 60392/08) see here SUMMARY Dismissal of policeman after rape and abuse of power. Criminal courts have irrevocably acquitted him of the charges. Refusal of the Administrative Courts to cancel the dismissal following the irrevocable acquittal decision. Infringement of the presumption of innocence (Article 6 § 2). PROVISION Article 6 […]
JUDGMENT Kuchta v. Poland 23.01.2018 (no. 58683/08) see here SUMMARY Prohibition to put questions to a co-defendant by the defendant – plaintiff. The co-defendant’s testimony was decisive for the applicant’s case. Violation of the right to witnesses and fair trial. (Article 6 §§ 1 and 3 (d)). PROVISIONS Article 6 § 1 Article 6 § […]
JUDGMENT López Ribalda v. Spain 09.01.2018 (no. 1874/13) see here SUMMARY The case concerned the covert video surveillance of a Spanish supermarket chain’s employees after suspicions of theft had arisen. The applicants were dismissed mainly on the basis of the video material, which they alleged had been obtained by breaching their right to privacy. The […]
JUDGMENT Ghincea v. Romania 09.01.2018 (no. 36676/06) see here SUMMARY Complaint about abusive prosecution for the offense of forgery. Infringement of Article 6 § 1 (right to a fair trial) because the Appellate Court condemned without examining the applicant or witnesses and without examining new evidence. PROVISION Article 6 § 1 PRINCIPAL FACTS The applicant, […]
JUDGMENT Gjikondi and others v. Greece 21.12.2017 (no. 17249/10) see here SUMMARY An Albanian national was murdered in the center of Athens in 2004 from an unknown person. The investigation into the death of the applicants’ relatives was ineffective, the competent authorities had not assessed the case with due diligence and the question of whether […]
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