Fair trial

Systematically restricting the legal representation of the suspect in the pre trial proceedings: breach of the fair trial

JUDGMENT Mehmet Zeki Çelebi v. Turkey  28.1.2020  (no. 27582/07) see here  SUMMARY Fair trial and representation by a lawyer. The applicant was arrested on charges of involvement in terrorist organization, extortion and premeditated homicide. At the pretrial stage he requested legal representation but was not required by law and his apology was in the absence […]

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δικηγόρος

Overturning an acquittal decision by a court of last instance based on an expert opinion. Non-infringement of fair trial.

JUDGMENT Marilena-Carmen Popa v. Romania 18.02.2020 (no. 1814/11) see here  SUMMARY The case concerned criminal proceedings against the applicant for forgery. The Court found in particular that the Court of Cassation, the court of last instance in the case, had found the applicant guilty of an act of forgery, overturning a first-instance acquittal. The Court […]

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Reading pre-trial testimony from absent witnesses. Non-infringement of fair trial. Conditions for accepting depositions.

JUDGMENT Lobarev and others v. Russia 28.01.2020 (no. 10355/09, 14358/11, 12934/12, 76458/12, 25684/13 and 49429/14) see here  SUMMARY Fair trial and reading of testimony of absent witnesses. The applicants are Russian nationals. During the criminal trial in which they were indicted, pre-trial testimonies of absent witnesses were read and their conviction was heard. They complained about […]

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Publisher’s criminal conviction for hate speech did not violate freedom of expression

JUDGMENT Atamanchuk v. Russia  11.02.2020 (no. 4493/11) see here SUMMARY The case concerned a businessman’s conviction for inciting hatred and enmity following statements about non-Russians in an article published in a local newspaper. The Court found in particular that the applicant’s sweeping remarks had not contributed to any public debate and agreed with the national […]

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A judge has tried two cases with the same defendant. The fair trial was not violated and no discrimination was found.

JUDGMENT Alexandru Marian Iancu v. Romania 04.02.2020 (no. 60858/15) see here   SUMMARY The case concerned the applicant’s allegation that a judge who had been involved in convicting him in two sets of connected proceedings could not be impartial. The Court found that aside from the alleged similarity between the two sets of proceedings against […]

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φυλακές

Infringement of fair trial by lack of reasoning by the Court of Cassation for non-recognition of the benefit of mitigating circumstances.

JUDGMENT Felloni v. Italy 06.02.2020 (no. 44221/14) see here  SUMMARY The case concerned criminal proceedings which led to Mr Felloni’s conviction for driving while unfit through drink. Mr Felloni alleged that his prison sentence was the result of the retrospective application of harsher criminal legislation. In particular, he complained that he had not been granted […]

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απαλλοτρίωση

The plot of land was irrevocably considered as land that fell outside the forest’s boundaries. A later decision characterized it as forest. The overturning of res judicata is a breach of legal certainty.

JUDGMENT Şamat v. Turkey  21.01.2020 (no.  29115/07) see here  SUMMARY Res judicata and legal certainty. The applicants, already deceased, in 1989 and 1994 purchased a plot of land near a forest area in  Istanbul., which had already been declared non-forest by a 1979 decision. Following a recent report by the cadastral office in the area, […]

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Fair trial is infringed when the Turkish Football Federation Arbitration Tribunal is not independent and impartial as it is appointed and influenced by the Federation

JUDGMENT Ali Riza and others v. Turkey 28.01.2020 (no.  30226/10, 17880/11, 17887/11, 17891/11 and 5506/16) see here SUMMARY Football disputes and violation of Article 6 § 1 (right to a fair hearing) of the European Convention on Human Rights on account of the lack of independence and impartiality of the body, the Arbitration Committee of […]

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Yukos affair and Putin statements. A series of violations against the accused. Multiple Russian condemnation of ECHR violations

JUDGMENT Khodorkovskiy  and Lebedev v. Russia  14.01.2020 (n. 2) (appl. no. 51111/07 and 42757/07) see here  SUMMARY The case concerned the second trial of former Yukos executives Mikhail Khodorkovskiy and Platon Lebedev. The European Court of Human Rights held unanimously that there had been breaches of the applicants’ right to a fair trial under Article […]

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