Criminal Archives

Rejection of requests of the accused for fingerprints, for checking the reliability of the evidence and his claim for a fabricated accusation! Violation of a fair trial

Article 6 - Par. 1
20/04/2022 06:54

JUDGMENT Fatullayev v. Azerbaijan 07.04.2022 (no. 2) (app. no. 32734/11) see here SUMMARY Defendant’s defense. Verification of evidence. Claim for constructed category. Request for fingerprints. Fair trial. Obstruction of the right to an effective remedy. The applicant, who was a journalist, was convicted of drug possession in prison. He asserted that his confession had been […]

Interception of suspect phone calls and interrogation without notifying him that he was a suspect and without representation by a lawyer. Violation of a fair trial

Article 6 - Par. 1
02/04/2022 20:01

JUDGMENT Bjarki H. Diego v. Island 15.03.2022 (app. no. 30965/17) see here SUMMARY The case concerned the trial of Mr Diego – a former Kaupþing bank official – for fraud by abuse of position following the 2008 financial crisis. He had been questioned without being informed of his status as a suspect. Details of one […]

Adequate medical assistance and care for a disabled prisoner. No degrading treatment was found

Article 3
21/03/2022 08:03

JUDGMENT Normantowicz v. Poland 17.03.2022 (app. no. 65196/16). see here SUMMARY Detention conditions of a disabled person. Positive obligations of the state. Adequate medical care by national authorities. The applicant, being held in prison for various offenses, complained of inhuman and degrading treatment in connection with his detention. He particularly complained that despite the serious […]

Restrictions on access to a lawyer in the initial stages of criminal proceedings in breach of the applicant’s right to a fair trial

Article 6 - Par. 1
20/03/2022 13:18

JUDGMENT Tonkov v. Belgium 08.03.2022 (app. no. 41115/14) see here SUMMARY In this case, Mr Tonkov complained that he had been deprived of his right of access to a lawyer in the initial stages of the judicial investigation against him, and in particular during his police custody and during the hearings, interviews and other investigative […]

Freezing of assets in Malta following request by the Kazakh authorities. Disproportionate intervention and violation of respect for property!

1st P - Article 1
08/03/2022 19:46

JUDGMENT Shorazova v. Malta 03.03.2022 (app. no. 51853/19) see here SUMMARY The applicant, Ms Shorazova was born in Kazakhstan and at the relevant time was married to Rakhat Aliyev, who had previously been married to the daughter of the then president of Kazakhstan, Nursultan Nazarbayev and later became his political adversary. The case concerned the […]

The mistakes of prosecutors and judges must be borne by the state and not corrected to the detriment of the accused! Double conviction for driving without a license. Violation of the principle ne bis in idem.

7th P - Article 4
05/03/2022 16:33

JUDGMENT Stăvilă v. Romania 01.03.2022 (app. no. 23126/16) see here SUMMARY The applicant was referred to trial for driving without a license. The prosecutor terminated the criminal prosecution by order due to the non-seriousness of the crime and imposed an administrative fine. The appellate prosecutor annulled the order and remanded the case for trial. He […]

Shipwreck in international territorial waters with hundreds of victims. The cessation of persecution due to the immunity of the leaders of the responsible state was in accordance with international law. Non-violation of the right of access of the victims’ relatives to court

Article 13
27/02/2022 18:30

JUDGMENT Association des familles des victimes JOOLA v. France 24.02.2022 (app. no. 21119/19) see here SUMMARY On 26 September 2002, the vessel Joola, which had been acquired in 1990 by the Senegalese State to operate the ferry route between Casamance and the rest of the country, went down in international waters off the coast of Gambia: […]

Offensive and racist cartoon against the Jewish community. The criminal conviction did not violate the freedom of expression

Article 10
24/02/2022 21:00

JUDGMENT Alain Bonnet v. France 24.02.22 (app. no. 35364/10) see here SUMMARY Criminal conviction of the applicant Alain Bonnet, known as Alain Soral, by the French courts for the offence of proffering a public insult of a racial nature against an individual or group on account of their origin or of belonging to a given […]

Sanction for threatening a governor for 6 months with suspension. The sentence was disproportionate as the plaintiff’s wish for non-punishment of the accused was not taken into account!

Criminal
30/01/2022 18:29

JUDGMENT Drača v. Croatia 20.01.2022 (app. no. 55724/19) see here SUMMARY Conviction of the accused without summoning him to the court of appeal. The plaintiff did not want the accused to be prosecuted. Disproportionate penalty. Fair trial. The applicant, a Croatian national, was charged with the offense of threatening a public official, namely the Governor. […]

Sentence to life without examination of key witnesses! Violation of a fair trial

Article 6 - Par. 1
21/01/2022 20:06

JUDGMENT Faysal Pamuk v. Turkey 18.01.2022 (app. no. 430/13) see here SUMMARY The case concerned Mr Pamuk’s trial on terrorism-related charges, in particular the use of evidence that had been given in other jurisdictions the absence of Mr Pamuk or his counsel following letters of request (talimat). The Court found in particular that letters of […]

Criminal