Fair trial Archives

Refusal to grant an allowance. The deprivation of the right to be heard by the parties has violated the right to a fair trial

1st P - Article 1
15/05/2019 19:03

JUDGMENT Elisei-Uzun and Andonie v. Romania 23.04.2019 (no. 42447/10) see here SUMMARY Discrimination between officials. Refusal to grant allowance to specific employees of the Ministry of Justice. Failure to take part in the hearing before the Court of Appeal against the decision to grant benefits. Abolition of allowances due to constitutional legislative changes. The ECtHR […]

Rejection of the appeal due to failure to file a second copy of the appeal does not infringe the fair trial since the party was repeatedly informed of this obligation

Article 6 - Par. 1
14/05/2019 17:44

JUDGMENT Kunert v. Poland 04.04.2019 (no. 8981/14) see here SUMMARY Access to court. Dismissal of the applicant’s appeal for failure to file a second copy with the Registry of the Court. According to the European Court of Human Rights, the disputed claim does not appear to be a disproportionate obstacle to the very substance of […]

The amendment of a decision with a change in the date of commencement of the merging sentence in absentia of the accused violated the right to a fair trial.

Article 5
13/05/2019 18:33

JUDGMENT Kereselidze v. Geogia 28.03.2019 (no. 39718/09) see here SUMMARY Amendment of the starting of a period for calculating a prison sentence in absentia of the accused. Extending the applicant’s detention, since, as a result of an amendment, the date of commencement of the sentence was calculated as the date of the imposition of the […]

Contradicted decisions of the Court of Cassation on limitation. The non-harmonization of the case law of the Chambers violates the right to a fair trial

Article 6 - Par. 1
12/05/2019 11:31

JUDGMENT Aksis and others v. Turkey 30.04.2019 (no. 4529/06) see here SUMMARY Contrary jurisprudence of the Chambers of the Court of Cassation. Compensation claims against a contractor due to an earthquake in Turkey. Diversification of limitation periods according to the legal assessment of the facts. Contrary case law of the Political Chambers of the Court […]

Temporary detention without a judicial decision violated Article 5 of the ECHR. No State liability for violating the presumption of innocence of an accused coming from a newspaper

Article 5
09/05/2019 18:00

JUDGMENT Mityanin and Leonov v. Russia 07.05.2019 (no. 11436/06 and 22912/06) see here SUMMARY Arrest of the applicants for armed robbery as members of a criminal organization and temporary detention without a judicial decision. Article in a newspaper with a photograph of the accused in wich he was described as guilty. The European Court of […]

Dissolution of a foundation on account of its insufficient financial resources, did not breach the freedom of assembly and association.

Article 11
08/05/2019 19:11

JUDGMENT MIHR Foundation v. Turkey 07.05.2019 (no. 10814/07) see here SUMMARY Freedom of assembly and association. Dissolution of a foundation of civilization, knowledge, welfare and prosperity on account of its insufficient financial resources. Τhe Ankara District Court, had not ordered the dissolution of the MİHR foundation on account of its constitution or any incompatible activities, but […]

Two-judge panels, the impartiality of judges, high court costs and the Court of Strasbourg

Article 6
07/05/2019 19:19

JUDGMENT Pasquini v. San Marino 02.05.2019 (no. 50956/16) see here SUMMARY Composition of a court of two judges. Impartiality of judges. High court costs. Procedures for settlement of the debts of a financial company to a third party. Complaints about the unlawfulness of court formation, lack of impartiality of a judge and inability to gain […]

National court’s refusal to seek preliminary ruling from the EU Court of justice were not arbitrary nor unreasonable, because the applicant in its first and basic set of proceedings had invoked violation, only of the domestic law of its state and not that of the EU. No violation of fair trial.

Administrative
06/05/2019 17:55

JUDGMENT Repcevirag Szövetkezet v. Hungary 30.04.2019 (no. 70750/14) see here SUMMARY National courts refusal to refer questions to the Court of Justice of the European Union for a preliminary ruling. The applicant company operating in Hungary, was convicted irrevocably for a tax offense. In response to the claims of the tax authorities, the company […]

The non-examination of a key witness in the audience trial violates the fairness of the trial and equality of arms

Article 6 - Par. 1
01/05/2019 19:16

JUDGMENT Bondar v. Ukraine 16.04.2019 (no. 18895/08) see here SUMMARY Equality of arms. Failure to recall an important witness to an intentional homicide trial. National courts have condemned the accused from his confession, that was optained through pressure, and did not call the key witness whose examination was crucial to the conviction or not. Unfair […]

Defamation proceedings of a judge against a newspaper. Lack of impartiality and violation of the freedom of expression regarding the condamnation of the newspaper

Article 10
29/04/2019 22:33

JUDGMENT Editorial Board of Grivna Newspaper v. Ukraine 16.04.2019 (no. 41214/08 and 49440/08) see here SUMMARY Defamation proceedings of judge against in a newspaper for two articles referring to him. References to corruption complaints against him and presentation of photographs, one of which showed him in formal dress and brought the caption: “I will compensate […]

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