Disciplinary

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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δίκαιη δίκη

The deprivation of the defendants from the right to be heard amounts to deprivation of a fundamental right of the ECHR

JUDGMENT Atutxa Mendiola and others v. Spain 13-06-2017 (no. 41427/14) see here  SUMMARY Right to be heard. Condemnation of the President and Vice-President of the Basque Parliament by the Supreme Court for failure to comply with a decision to dissolve the parliamentary groups in the various bodies of the Autonomous Communities of the Basque Country […]

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δίκαιη δίκη

When the victim – the accused himself – brings disciplinary procedures against the complainant and considers him as the President of the institution in the case of the complaint, the fair trial is violated.

JUDGMENT Paluda v. Slovakia 23-5-2017 (no. 33392/12) see here  SUMMARY Disciplinary proceedings against a judge. Access to court. Fair trial. Disciplinary Proceedings against a Supreme Judge over his complaints against the President of the Supreme Court. The initiation of disciplinary action and the imposition on the applicant of a suspension of his judicial duties by […]

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Early disciplinary punishment before the criminal justice judgement cancels the presumption of innocence

JUDGMENT Kemal Coşkun v. Turkey 28-03-2017 (no. 45028/07) see here  SUMMARY Presumption of innocence. Early disciplinary decision. The applicant denounced his dismissal by the police and the relative legal proceedings, which he alleged were unfair. During the disciplinary proceedings, the Supreme Disciplinary Board found that the applicant had committed the offenses of rape, assault, and […]

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δίκαιη δίκη

The deleted member of an association must be able to bring a case before a court to cancel the deletion.

JUDGMENT Lovrić v. Kroatia 04-04-2017 (no. 38458/15) see here  SUMMARY The deletion by a hunting association, without being able to challenge the decision before a court, violates Article 6 § 1 of the European Convention according to the ECtHR. PROVISION Article 6 par. 1 PRINCIPAL FACTS The applicant, Zvonimir Lovrić, is a Croatian national who […]

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ECHRCaseLaw

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