Criminal Archives

Incommunicado detention of a detainee without access to a lawyer of his choice! Violation of a fair trial and the right to choose a lawyer

Article 6 - Par. 1
20/01/2022 14:27

JUDGMENT Atristain Gorosabel v. Spain 18.01.2022 (app. no. 15508/15) see here SUMMARY Detention in complete isolation without any communication. Right to a fair trial. Right of defense by a lawyer of the choice of the accused. The applicant, a Spanish national, was charged with involvement in the ETA terrorist organization and possession of explosives and […]

Concealment of basic case information, classified as confidential! Violation of a fair trial

Article 6 - Par. 1
14/01/2022 20:01

JUDGMENT Corneliu Corneschi v. Romania 11.01.2022 ( app. no. 21609/16) see here SUMMARY Access to litigation documents, compensatory factors in case of court denial of access to documents for reasons of national security and right to a fair trial. The applicant was prosecuted for various misdemeanors while serving in the State Intelligence Service, his license […]

Interrogations of members of a terrorist organization in Guantanamo. No violation of fair trial

Article 6 - Par. 1
04/01/2022 09:40

JUDGMENT Sassi and Benchellali v. France 25.11.2021(app. no. 10917/15 and 10941/15) see here SUMMARY Investigations of the applicants, who were accused of terrorist acts in Afghanistan. Collection of information and nature of investigations. Fair trial. The applicants, French nationals, were arrested on the border with Pakistan as they tried to flee Afghanistan in early 2002, […]

Conviction of an accused by the same judges who previously tried his co-accused with references to his guilt. Impartial court

Article 6
02/12/2021 19:31

JUDGMENT Mucha and Slovakia 25.11.2021 (app. no. 63703/19) see here SUMMARY The case concerned the applicant’s conviction and sentencing to 23 years’ imprisonment for various organised-crime activities, including violent offences. Part of the reasoning of the domestic courts had been based on evidence testimony by accomplices who had turned State’s evidence following plea-bargain agreements. The […]

Incorrect application of a decision of the ECtHR in revision proceeding for violation of a fair trial! New violation of the ECHR

Article 6 - Par. 1
19/11/2021 19:43

JUDGMENT Serrano Contreras v. Spain 26.10.2021 (no. 2) (app. no. 2236/19) see here SUMMARY Mandatory validity of ECHR decisions in accordance with Article 46 of the ECHR. On the occasion of the distortion of a decision of the ECtHR by the defendant state, the Court reiterated that its decisions have binding force. States are free […]

Conviction at second instance despite the first-instance acquittal. Non-violation of a fair trial

Article 6
18/11/2021 09:51

JUDGMENT Ignat v. Romania 09.11.2021 (app. no. 17325/16) see here SUMMARY Right to a fair trial. Acquittal at first instance and conviction at second instance. The applicant alleged that his right to a fair trial had been violated because the appellate court had overturned the acquittal initially granted by the appellate court. In particular, the […]

The former’s President of the Chamber of Deputies of the Romanian Parliament application is incompatible ratione materiae with the ECHR!

Article 6 - Par. 1
04/11/2021 19:37

JUDGMENT Dragnea v. Romania 04.11.2021 (app. no. 75317/17) see here SUMMARY The case concerned an objection to the enforcement of a judgment sentencing Mr Dragnea (former President of the Chamber of Deputies and former Chair of the Social Democratic Party) to two years’ imprisonment, suspended, for abuse of authority during an election campaign. In the […]

Ban on life prisoners’ telephone calls. Violation of the private and family life

Article 6 - Par. 1
19/10/2021 18:59

JUDGMENT Danilevich v. Russia 19.10.2021(app. no. 31469/08) see here SUMMARY The case concerned the applicant being deprived of telephone contact with his relatives, including his young son, whilst serving a life sentence under the strict prison regime. That special prison regime involves, among other things, a complete ban on telephone calls except in emergency situations […]

The visit of the President of the court to the civil party , raised doubts about the impartiality of the Court

Article 6
06/09/2021 19:00

JUDGMENT Karrar v. Belgium 31.08.2021 (app. no. 61344/16) see here SUMMARY The case concerned criminal proceedings instituted against Mr Karrar, following which he was convicted of the murder of his two children and sentenced to life imprisonment. Before the Court, the applicant complained of the lack of impartiality of the president of the Assize Court, […]

The pre-trial testimony of a co-accused, whο the accused could not examine, affected the amount of his sentence. Application of article 6 par. 3 regarding the testimony of a co-accused!

Article 6 - Par. 1
02/08/2021 19:41

JUDGMENT Dodoja v. Croatia 24.06.2021 (app. no. 53587/17) see here SUMMARY Conviction of an accused based on the pre-trial testimony of his co-accused who did not appear at the hearing. Evidence, compensatory factors. Strict punishment and a fair trial. The applicant pleaded guilty to drug trafficking but not to the extent for which he was […]

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