Fair trial Archives

Imposition of disciplinary sanctions on a judicial officer, due to her critical public statements against judges and the government. Violation of her right to freedom of expression

Article 10
27/10/2021 07:35

JUDGMENT Miroslava Todorova v. Bulgaria 19.10.2021 (app. no. 40072/13) see here SUMMARY The case concerned two sets of disciplinary proceedings against the applicant, who had been a judge and the President of the Bulgarian Union of Judges at the relevant time. The Supreme Judicial Council (SJC) ordered a reduction of her salary, followed by her […]

Trial in camera. The court’s denial to the accused to examine forensic experts and give full access to the case file! Conviction for multiple violations of the ECHR!

Article 6 - Par. 1
21/10/2021 18:06

JUDGMENT Kartoyev and others v. Russia 19.10.2021 (app. no. 9418/13) see here SUMMARY The case concerned the criminal proceedings against the applicants, nine Russian nationals who were charged with committing two terrorist attacks in 2009. They claimed that they had not had a trial before an independent and impartial court, that they had been deprived […]

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 […]

Lack of jurisdiction to examine a lawsuit against the Holy See for the sexual abuse of children by Catholic priests. No violation of the right of court access

Children
18/10/2021 19:07

JUDGMENT J.C. and others v. Belgium 12.10.2021 (app. no. 11625/17) see here SUMMARY The case raised the question of the immunity of the Holy See from the jurisdiction of domestic courts. It concerned in particular an action for compensation brought by 24 applicants against the Holy See and against a number of leaders of the […]

Government’s preventing publication of Haykakan Zhamanak newspaper during state of emergency. Violation of freedom of expression and the right of access to court

Article 10
21/09/2021 14:20

JUDGMENT Dareskizb Ltd v. Armenia 21.09.2021 (app. no. 61737/08) see here SUMMARY Preventing the applicant company from publishing its newspaper, Haykakan Zhamanak, during a state of emergency following the 2008 presidential election in Armenia. The ECtHR found, in particular, that the restriction of the newspaper’s circulation had no other purpose than to limit criticism of […]

Prohibition of exploitation of forest area of former royalty by law, without access to court. Violation of the right to property and a fair trial.

Article 6 - Par. 1
07/09/2021 18:58

JUDGMENT Sakskoburggotski and Chrobok v. Bulgaria 07.09.2021 (app. no. 38948/10) see here SUMMARY Royal property and property rights. Universal, without exception, right of access to the Court Former kings of Bulgaria were deprived of the crown property by law. The law was deemed unconstitutional, they reclaimed part of their property without however being allowed to […]

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, […]

Criminal proceedings for domestic violence against an accused were complementary and part of an integrated system of sanctions. No violation ne bis in idem

7th P - Article 4
05/09/2021 08:37

JUDGMENT Galović v. Croatia 31.08.2021 (app. no. 45512/11) see here SUMMARY Domestic violence. Ne bis in idem. A system of sanctions that was supplemented through more criminal proceedings. Convictions of the applicant for domestic violence in a number of criminal proceedings. The applicant alleged that he had been tried and convicted twice for the same […]

The conviction of a Turkish imam for his posts on Facebook violated the freedom of expression. Excessive formalism on behalf of the national court in violation of the right of access

Article 10
01/09/2021 20:08

JUDGMENT Üçdağ v. Turkey 31.08.2021 (app. no. 23314/19) see here SUMMARY The case concerned Mr Üçdağ’s criminal conviction for disseminating propaganda in favour of a terrorist organisation on account of two posts published on his Facebook account, as well as the rejection of his individual application to the Constitutional Court as being out of time. […]

Prohibition of Supreme Judges from participating in the Supreme Court by a law issued after their appointment! No right of appeal. Violation of respect for privacy and access to court!

Administrative
10/08/2021 19:42

JUDGMENT Gumenyuk and others v. Ukraine 22.07.2021 (app. no. 11423/19) see here SUMMARY Judges’ private life. Prohibition by law for supreme judges to participate in the Supreme Court without being fired. The appointment of judges to the Supreme Court was determined by a competition, in which the already appointed supreme judges had to participate. Lack […]

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