Criminal Archives

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

Article 6
01/02/2023 14:45

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 […]

Incitement of the applicant by a police informant to commit offenses. Violation of fair trial

Article 6
29/01/2023 10:35

JUDGMENT Nikolov v. Austria 24.01.2023 (app. no. 48105/16) see here SUMMARY The Vienna Regional Criminal Court convicted the applicant, a Bulgarian national, of drug offences. It found that he had been incited to commit the offences by a person who was a police informant and, as a consequence, reduced his prison sentence by three months. The […]

Unjustified search of a home and seizure of personal belongings. Violation of respect for home

Article 10
24/01/2023 16:09

JUDGMENT Svetova and others v. Russia 24.01.2023 (app. no. 54714/17) see here SUMMARY The five applicants complained about the unjustified search in their home. At 11 a.m. on 28 February 2017 the police arrived at the applicants’ apartment in Moscow to execute the warrant. According to the applicants, the officers did not introduce themselves and […]

Ineffective criminal investigation of author copyright infringement online. Violation of respect for property

1st P - Article 1
21/01/2023 14:40

JUDGMENT Korotyuk v. Ukraine 19.01.2023 (app. no. 74663/17) see here SUMMARY The applicant is the author of a book that was made available for illegal download on the Internet. Without her consent, a copy of the book was made available for download against payment on a website primarily dedicated to sharing Ukrainian textbooks. She lodged […]

Rejection of a defendant’s request that three decisive prosecution witnesses be heard. Violation of a fair trial

Article 6
11/01/2023 12:19

JUDGMENT Safssafi v. The Netherlands 10.01.2023 (app. no. 61125/19) see here SUMMARY The applicant didn’t have the ability to cross-examine three prosecution witnesses whose statements have been used as evidence in criminal proceedings against him. The applicant rented a house from a building society, which he then sublet to a couple with the help of […]

Denial of request for examination of key witnesses. Violation of due process

Article 6 - Par. 1
23/12/2022 10:32

JUDGMENT Vasaráb and Paulus v. Slovakia 15.12.2022 (app. no. 28081/19 and 29664/19) see here SUMMARY The case concerned the trial of the applicants for a contract murder allegedly carried out by Mr Paulus for Mr Vasaráb. In particular it concerned the courts’ refusal to examine witnesses that would have allegedly been able to rebut key […]

Application of national legislation contrary to EU law and conviction of accused! Conviction by ECtHR for manifest legal error of the domestic courts. Supremacy of EU law

1st P - Article 1
07/12/2022 07:59

JUDGMENT Spasov v. Romania 06.12.2022 (app. no. 27122/14) see here SUMMARY The case concerned a Romanian court judgment convicting Mr Spasov, the owner and captain of a Bulgarian-flagged vessel, of illegal fishing inside Romania’s exclusive economic zone in the Black Sea. In the proceedings before the Romanian authorities, Mr Spasov argued that the quantity of […]

Basing a decision on a confession of an accomplice and of a protected witness, which was not affected by unfair exchanges did not violate the fair trial!

Article 6 - Par. 1
31/10/2022 07:06

JUDGMENT Xenofontos and Others v. Cyprus 25.10.2022 (app. no. 68725/16, 74339/16 and 74359/16) SUMMARY Applicants’ conviction decisively based on confession by accomplice, who was not prompted by any deal, but was later placed in a witness protection programme and spared prosecution: no violation. The three applicants were convicted by the Assize Court of the murder of a private television […]

Slovenian courts’ recognition of Israeli judgments against renowned neurosurgeon for operation in Ljubljana breached his rights

Article 6 - Par. 1
31/10/2022 06:51

JUDGMENT Dolenc v. Slovenia 20.10.2022 (app. no. 20256/20) see here SUMMARY The case concerned an Israeli citizen who had been left paralysed after being operated on by the applicant, a well-known neurosurgeon, in a Ljubljana hospital and the ensuing proceedings in both Israel and Slovenia. The Court found in particular that, before recognising the Israeli […]

Application on behalf of the Former Prime Minister of Romania and his wife for violation of fair trial! The ECtHR was not convinced…

Article 6
30/09/2022 08:05

JUDGMENT Năstase v. Romania 29.09.2022 (app. no. 46/15 and 744/15) see here SUMMARY The case concerns criminal proceedings against Ms Daniela Năstase and Mr Adrian Năstase, who were accused of illegally importing goods to Romania for their own use, between 2002 and 2004, through the intermediary of companies run by high-ranking officials in the government […]

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