Fair trial Archives

The court in which a judge who had previously convicted the accomplice of the same crime and had judged in detail the participation of the accused is not impartial!

Article 6 - Par. 1
30/04/2021 18:40

JUDGMENT Meng v. Germany 16.02.2021 (app. no. 1128/17) see here SUMMARY Impartial court. Criteria. Fair trial. Participation of a judge in a panel that convicted the applicant, when he himself had convicted the accomplice of the same crime in a previous trial and had judged her own participation. The applicant was convicted of the joint […]

The lack of sufficient reasoning in a basic claim of a party and the late notification of a summons for a court hearing violated the fair trial!

Article 6 - Par. 1
24/04/2021 18:53

JUDGMENT Mont Blanc Trading Ltd and Antares Titanium Trading Ltd v. Ukraine 14.01.2021 (app. no. 11161/08). see here SUMMARY The case concerned a complaint filed by two companies for breach of fair trial. The ECtHR examined the action concerning the first applicant company, holding that the second company had no legal interest. In the domestic […]

Ineffective investigation into police ill treatment for “forced confession”. Extended temporary detention for 3 years! Violations of the ECHR!

Article 3
23/04/2021 18:55

JUDGMENT Stevan Petrović v. Serbia 20.04.2021 (app. no. 6097/16 and 28999/19) see here SUMMARY Torture of a detainee by police. Duration of 3 years of temporary detention. Ineffective research into torture. Following a search of his residence, the applicant was misled into the police station to testify as a witness, but an arrest warrant and […]

Trapping operations by the police. Obligation of an established clear and predictable procedure

article 46
20/04/2021 18:10

JUDGMENT Kuzmina and others v. Russia 20.4.2021 (app. no. 66152/14 and 8 more applications) see here SUMMARY Police trapping and right to be heard. Agents Provocateur. Systemic problem in the Russian legal framework regarding incidents of trapping by the police for drug trafficking operations through secret and secret operations. The applicants were convicted of criminal […]

Preliminary investigation that has lasted more than 5.5 years did not violate the reasonable duration of the trial because it involved a complex case!

Article 6 - Par. 1
18/04/2021 19:27

JUDGMENT Arewa v. Lithuania 09.03.2021 (app. no. 16031/18) see here SUMMARY Reasonable duration of the pre-trial investigation. Complexity of the case. The case concerned a criminal prosecution against the applicant for engaging in illegal economic activity with the involvement of banks and suspicious transfers of funds to Europe, China and the United States. The preliminary […]

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 […]

Lack of jurisdiction of Belgian courts to examine humanitarian law crimes related to the First Gulf War. Non-violation of a fair trial

Article 6 - Par. 1
28/03/2021 07:40

JUDGMENT Hussein and others v. Belgium 16.03.2021 (app. no. 45187/12) see here SUMMARY The case concerned ten Jordanian applicants who lodged a civil-party application with the Brussels investigating judge with a view to the institution of criminal proceedings against high-ranking Kuwaiti officials for crimes under international humanitarian law, in respect of acts linked to the […]

The delays in a criminal case were due to the abusive actions of the applicants. Non violation a fair trial within a reasonable time

Article 6 - Par. 1
21/03/2021 07:48

JUDGMENT Gilligan v. Ireland 18.03.2021 (app. no. 55276/17) see here SUMMARY The case concerned the length of several sets of proceedings related to the seizure of the applicants’ properties under the Proceeds of Crime Act, 1996, which had included multiple legal stratagems by them within a range of proceedings back and forth across two levels […]

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 […]

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