Fair trial Archives

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

Administrative
30/01/2020 07:55

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 […]

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

Article 6 - Par. 1
26/01/2020 14:29

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 […]

Holding part of a murder trial behind closed doors did not violate the right to a fair trial

article 34
23/01/2020 10:28

JUDGMENT Yam v. United Kingdom 16.01.2020 (no. 31295/11) see here SUMMARY Trial for intentional homicide trial was held behind closed doors for the testimony of some witnesses. The national court ruled that this part of the proceedings should have been held behind closed doors for reasons of national security. The Court in particular found that […]

The conviction of a drug dealer that did not rely solely on the testimony of a co-defendant but also on other evidence does not infringe the fair trial. A higher degree of judicial scrutiny must be applied to the assessment of witnesses of co-defendants.

Article 6 - Par. 1
21/01/2020 11:34

JUDGMENT Stephens v. Malta (no. 3) 14.01.2020 (no. 35989/14) see here SUMMARY The applicant was convicted of drug trafficking and sentenced to 25 years prison. According to the applicant, the domestic courts convicted him on the basis of the testimony of one of his relatives at the trial, according to which the drugs found on […]

Disclosure of sensitive personal data on adoption violates privacy. The legislative vacuum for lawsuits against judges violated the right to an effective remedy.

Article 13
20/01/2020 20:30

JUDGMENT Χ. and others v. Russia 14.01.2020 (no. 78042/16 και 66158/14) see here SMMARY The first applicant, a victim of rape, complained of malfunctioning of the justice system, as the latter, in the process of investigating her case, disclosed her personal information in letters she sent to medical centers. The applicant applied for damages, but […]

Arbitrary court decisions are equivalent to criminal justice. Arbitrary rejection of lawsuit claiming basic benefits violates the fair trial principal

Article 6 - Par. 1
19/01/2020 18:06

JUDGMENT Lazarević v. Bosnia and Herzegovina 14.01.2020 (no. 29422/17) see here SUMMARY Lawsuit for employee benefits. An arbitrary court ruling dismissed the lawsuit despite the legislative provision and earlier Supreme Court case law. Infringement of the fair trial principal. The applicant worked for a public railway company but was dismissed in 2012. He brought proceedings […]

The imposition of a fine on the merging company for violations of the commercial code by the merged entity, based on the principle of business and financial continuity, did not violate the principle that the penalty should be imposed on the offender and not on others.

Article 6 - Par. 1
04/01/2020 16:51

JUDGMENT Carrefour France v. France 24.10.2019 (no. 37858/14) see here SUMMARY The case concerned a judgment against the company Carrefour France finding it liable and ordering it to pay a fine for acts committed by the company Carrefour hypermarchés France in breach of the Commercial Code. Further to an inspection by the Departmental Directorate for […]

Secret recording and video recording without a legal warrant for employee bribery. Violation of privacy. The fair trial was not infringed as the conviction was based on other evidence

Article 6 - Par. 1
01/01/2020 00:52

JUDGMENT Hambardzumyan v. Armenia 05.12.2019 (no. 43478/11) see here SUMMARY The case concerned the applicant’s complaint that the police had not had a valid court warrant to place her under secret surveillance during a criminal investigation. The Court found in particular that the warrant had not been specific enough about the person who was the […]

Non-attendance of the party due to no service of summons violated the right to be heard

Article 6
28/12/2019 20:35

JUDGMENT Bacaksız v. Turkey 10.12.2019 (no. 24245/09) see here SUMMARY First-instance judgment in absence of the party. Non-service of a party to the Court of Appeal. Right to be heard. The applicant was involved in a car accident which caused injuries to the drivers involved. In the criminal court he was acquitted, but in the […]

A citizen who was tried by military courts for a criminal offense because his co-defendant was then serving in the military did not receive a fair trial. Reflection on the independence and impartiality of military courts.

Article 6 - Par. 1
30/11/2019 18:38

JUDGMENT Mustafa v. Bugaria 28.11.2019(no. 1230/17) see here SUMMARY Jurisdiction of military courts and the right of a citizen to a fair trial. A non-military individual was arrested and convicted by military courts of a common criminal offense because one of the other defendants in the case served in the military at the time the […]

Fair trial