Criminal Archives

The criminal investigation at a consulate for drugs violated family and private life. Use of evidence from the investigation and conviction of the consul. Non-violation of a fair trial due to the existence of other evidence of guilt

Article 6
17/04/2021 07:47

JUDGMENT Tortladzev. Georgia 18.03.21 (app. no. 42371/08) see here SUMMARY The Honorary Consul General of Cote d’Ivoire in Georgia was found to be in possession of a large quantity of drugs and weapons after conducting an investigation at the consulate. The investigation at the consulate was carried out without a court warrant and without subsequent […]

Trapping of an applicant by undercover police officer! In case of an objection of the accused, the burden of proof for the trapping or not is borne by the prosecutor! Violation of a fair trial

Article 6 - Par. 1
20/03/2021 19:53

JUDGMENT Zinin v. Russia 09.03.2021 (app. no. 54339/09) see here SUMMARY Trapping a perpetrator into a criminal act after being instigated by the Russian secret police. Right to a fair trial. The applicant was convicted of copyright infringement and distribution of counterfeit software after being trapped by undercover police officers. He appealed to the courts […]

The statute of limitations for the offenses due to an error of the prosecuting authorities and delays in the pre-trial violation violated the right of access to court!

Article 6 - Par. 1
19/03/2021 19:13

JUDGMENT Petrella v. Italy 18.03.2021 (app. no. 24340/07) see here SUMMARY The case concerned the length of the preliminary investigations in the context of criminal proceedings brought on the basis of a complaint by the applicant for defamation, the lack of an effective remedy in respect of the length of the proceedings and the discontinuance […]

Refusal of the national court to allow the accused to examine prosecution and defense witnesses! Violation of a fair trial

Article 6 - Par. 1
13/03/2021 16:33

JUDGMENT Keskin v. The Netherlands 19.01.2021 (app.no. 2205/16) see here SUMMARY Defendant’s right to be examined by prosecution and defense witnesses. Fair trial, equality of arms. Compensatory factors and their criteria. According to the Court’s case-law, all evidence against it must be presented in the presence of the accused at a public hearing for the […]

No judge can judge his own case! Judges adjudicated and rejected their request for exclusion! Lack of court impartiality!

Criminal
08/03/2021 16:48

JUDGMENT Kolesnikova v. Russia 02.03.2020 (app. no. 45202/14) see here SUMMARY Court impartiality and a fair trial. Lack of impartiality in a case against a former judge of the courts of Russia. The applicant, a former judge, applied for disqualification against the court hearing her appeal because the presiding judge was the one who denounced […]

The signing of a decision by the President of the Court on behalf of the President who issued the decision and retired after the debate, did not violate the right to a fair trial

Article 6
27/02/2021 19:03

JUDGMENT Iancu v. Romania 23.02.2021 (app. no. 62915/17) see here SUMMARY Signing of a court decision by the President of the Supreme Court on behalf of the President of the court that adjudicated the case and issued the decision, who retired immediately after the hearing. The applicant alleged, in essence, that the signatory judge had […]

The rejection of the defendant’s request for an oral hearing in the second instance proceedings violated her right to a fair trial

Article 6
26/02/2021 09:03

JUDGMENT Mtchedlishvili V. Georgia 25.2.2021 (app. no. 894/12) see here SUMMARY Right to be examined in the second instance proceedings. Rejection of the applicant ‘s request for an oral hearing in the context of the appeal against her conviction for customs offenses. The applicant appealed against the decision before the appellate court. Since the applicant […]

Non-release of the well-known opposition politician Selahattin Demirtaş in Turkey. The Court orders his immediate release!

Article 10
23/02/2021 10:23

GRAND CHAMBER DECISION Selahattin Demirtaş v. Turkey 22.12.2020 (no. 2) (app. no. 14305/17) see here SUMMARY The case concerned the arrest and pre-trial detention of Mr Selahattin Demirtaş, who at the time of the events was one of the co-chairs of the Peoples’ Democratic Party (HDP), a left-wing pro-Kurdish political party. The Court found in […]

Jury statements to the media during and after the trial. Information regarding the jurors of the case from the internet. Violation of a fair trial due to doubts regarding the impartiality of a court

Article 6
23/02/2021 07:17

JUDGMENT Tikhonov and Khasis v. Russia 16.02.2021 (app. no. 12074/12 and 16442/12) see here SUMMARY In this case the applicants alleged that the court which had found them guilty of the murders of a lawyer and a journalist (killed in Moscow in 2009) had not been impartial. They based their allegations, among other things, on […]

Conviction for robbery based on eyewitness testimony and cross-examination with other evidence. Non-violation of a fair trial

Article 6
21/02/2021 09:55

JUDGMENT Lamatic v. Romania 01.12.2020 (app. no. 55859/15) see here SUMMARY Fair trial and examination of witnesses. Evaluation and cross-examination of evidence. The applicant was charged with robbery, but was acquitted in the first instance court. The appellate court annulled the acquittal and convicted the applicant, based on the testimony of an eyewitness, which it […]

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