Disciplinary

Mandatory retirement penalty for an ambassador due to inappropriate behavior towards female employees. No violation of due process

JUDGMENT Dahan v. France 03.11.2022 (app. no. 32314/14) see here SUMMARY The case concerned a set of disciplinary proceedings brought against Mr Dahan for inappropriate behaviour towards female staff members during his time as an ambassador, culminating in a penalty of compulsory retirement ordered by the President of the Republic. The issue raised before the […]

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One of the judges who was appointed to hear the case of the applicant was appointed in violation of the law! Violation of due process

JUDGMENT Besnik Cani v. Albania 04.10.2022 (app. no. 37474/20) see here SUMMARY The case concerned a former prosecutor who was dismissed in 2020 as part of an exceptional process for the re-evaluation of all serving judges and prosecutors – known as vetting proceedings – following a reform of the justice system in Albania, and his […]

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Dismissal of a judge for corruption. Failure of the national courts to thoroughly examine arguments about the inauthenticity of the evidence. Violation of the due process

JUDGMENT SHELEG v. Russia 26.07.2022 (app. no. 27494/06) see here SUMMARY The applicant, a judicial officer who was promoted to President, was charged with the offense of corruption. This emerged after telephone conversations which were were intercepted and transcribed and it appears that she has been involved . Following this, the Regional Judicial Qualifications Board […]

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δικηγόρος

A judge was delaying the issuance of 210 court decisions, as well as misplacing lawsuits! Disciplinary conviction and unacceptable appeal. Non-violation of a fair trial

JUDGMENT Cristina Maria Albuquerque Fernandes v. Portugal 12.01.2021 ( app.no. 50160/13) see here SUMMARY The case concerned disciplinary proceedings brought against Ms Albuquerque Fernandes, at the close of which the High Council of the Judiciary (HCJ) decided to impose compulsory retirement, and the ensuing judicial proceedings. Ms Albuquerque Fernandes accused the Constitutional Court of showing […]

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The disciplinary penalty of demotion to a Senior Prosecutor for a misdemeanor investigation into a sexual abuse case did not violate the Convention.

JUDGMENT Čivinskaitė v. Lithuania 15.09.2020 (app. no. 21218/12) see here SUMMARY The case concerned disciplinary proceedings against the applicant, a senior prosecutor, for failing to carry out her duties properly in a high-profile investigation into the alleged sexual abuse of a child. The proceedings led to her demotion. Her case before the European Court dealt […]

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δικηγόρος

Judge versus lawyer. The unjustified assessment of an eyewitness testimony as unreliable because he was working for a lawyer and the judge’s witness testimonies as reliable, violated the fair trial

JUDGMENT Aslan Ismayilov v. Azerbaijan  12.03.2020 (no. 18498/15) see here SUMMARY Fair trial and reasoning of judicial decisions. Withdrawal of a lawyer license after disciplinary action by a court following a judge’s complaint. Failure of courts to respond to the applicant’s claims and unilateral evaluation of witness testimony against the lawyer and the complaining judge. […]

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The Fillipino, the Consul and the disciplinary conviction. Failure to take account of all evidence by the Board of Directors renders the trial unfair.

JUDGMENT Loupas v. Greece 20-06-2019 (application no. 21268/16) see here  SUMMARY Six months suspension of the General Consul in Geneva for not paying overtime to a Filipino national working in her residence. The Greek State provided evidence before the Swiss courts to prove that the Philippines was not a personal employee of the Consul, but […]

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Autonomy of disciplinary action from the criminal procedure. An acquittal is not binding on disciplinary bodies that may impose disciplinary action

JUDGMENT Bonnemaison v. France 11.04.2019 (no. 32216/15) see here SUMMARY Autonomy of disciplinary proceedings from criminal. Decision of the Medical Association to strike of the applicant from the medical register. The applicant repeatedly injected lethal injections into patients to put an end to their suffering. Penalty of the doctor for six out of seven deaths. […]

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police violence

Torture of two citizens by a police officer. Sentenced to a light penalty, non-disciplinary punishment and promotion! The criminal and disciplinary system in Greece is devoid of seriousness according to Strasbourg!

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 […]

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δίκαιη δίκη

Impartiality in the disciplinary proceedings and violation of the principle of fair trial

JUDGMENT Kamenos v. Cyprus 31-10-2017  (no. 147/07) see here  SUMMARY  Disciplinary examination of  a judge regarding the performance of his duties. Non-impartial disciplinary proceedings, since he was accused, tried and disciplined by the same persons. Violation of a fair trial. PROVISION Article 6 § 1 PRINCIPAL FACTS The applicant, Costas Kamenos, is a Cypriot national […]

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ECHRCaseLaw
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