Fair trial Archives

The confession of the accused in the preliminary police investigation without being informed of his rights and without the presence of a lawyer. Violation of the right to fair trial

Article 6 - Par. 3
21/05/2023 19:46

JUDGMENT Lalik v. Poland 11.05.2023 (app. no. 47834/19) see here SUMMARY The case concerned the applicant’s defence rights and privilege against self-incrimination. In January 2016, while drunk, the applicant set fire to his drinking partner’s jacket, with the latter sustaining severe burns and dying as a result. The applicant was convicted of aggravated murder and […]

Appellant’s complaint challenging an administrative decision by the criminal courts. The application was struck out from the list of the Court

Administrative
08/05/2023 15:08

JUDGMENT Stassart v. France 04.05.2023 (app. no. 79356/17) see here SUMMARY The case concerned the criminal proceedings for tax fraud brought against the applicant. He alleged that the discrepancy between the solution adopted by the criminal courts and that previously adopted by the administrative courts on the same issue, which was decisive for the outcome […]

Award of compensation of over €1.5 million to former royal-family members for unfair moratorium on use of forestland

1st P - Article 1
02/05/2023 19:09

JUDGMENT Sakskoburggotski and Chrobok v. Bulgaria 02.05.2023 (app. no. 38948/10) see here SUMMARY The case concerned, in particular, a moratorium on the transfer and on the commercial exploitation of former Crown property imposed in 2009. It had been brought by the former King of Bulgaria, Simeon II, and his sister, a former princess. In its […]

Conviction of a police officer for drug trafficking. Multiple fair trial violations regarding prosecution evidence and witness testimony

Article 6
30/04/2023 19:46

JUDGMENT Dursun Aliyev v. Azerbaijan 27.04.2023 (app. no. 20216/14) see here SUMMARY Fair trial and evidentiary process. The applicant is a police officer in the investigative division of the police station in the area where he lives. He was charged and convicted of drug trafficking. In the trial that took place, he raised several objections, […]

Abusive and arbitrary behavior during the search of a company by the Competition Commission. Violation of respect of the residence

Article 6
23/04/2023 18:14

JUDGMENT UAB Kesko Senukai Lithuania v. Lithuania 04.04.2023 (app. no. 19162/19) see here SUMMARY The applicant, UAB Kesko Senukai Lithuania, is a company based in Kaunas (Lithuania). It is mainly involved in retail. In April 2018 the Lithuanian Competition Council launched an investigation into suspected price fixing by six retailers, including Kesko Senukai Lithuania, in […]

Suspension of duties for a prosecutor even after his irrevocable criminal discharge! Violation of respect for his private life

Article 6
07/04/2023 19:04

JUDGMENT Gashi and Gina v. Albania 04.04.2023 (app. no. 29943/18) see here SUMMARY The case concerned a criminal investigation into the applicants on suspicion of irregularities related to their declaration of assets and financial interests over the years, and their suspension from their positions as prosecutors as required by the relevant legislation. The Court found […]

Criminal proceedings which lasted for 11 years in only one level of jurisdiction! Violation of reasonable time of the proceedings

Article 6
31/03/2023 13:56

JUDGMENT KLEIN v. SLOVAKIA 30.03.2023 (app. no. 45844/21) see here SUMMARY Excessive length of criminal proceedings in one level of jurisdiction. The criminal proceedings started on 3 November 2011, when charges were brought against him. The proceedings are still pending before the first‑instance court. The applicant lodged a constitutional complaint on 14 May 2021, complaining […]

Refusal of the authorities to provide information on the work of the current Judges. Violation of freedom of expression

Administrative
30/03/2023 08:34

JUDGMENT SAURE v. GERMANY (No. 2) 28.03.2023 (app. no. 6091/16) see here SUMMARY The applicant is a journalist with Bild, a daily newspaper with a large circulation. He asked for information held by the Ministry of Justice of the Land of Brandenburg concerning judges and a public prosecutor in the Land of Brandenburg who had previously worked for the Ministry […]

Excessive length of proceedings regarding contact arrangements between father and his child. Conviction by the ECHR

Article 6
28/03/2023 16:23

JUDGMENT OMELCHENKO v. UKRAINE 23.03.2023 (app. no. 44158/19) see here SUMMARY Excessive length of proceedings regarding contact arrangements between the applicants and the second applicant’s travel abroad, and the alleged absence of an effective remedy in this regard. The applicants are father and son. On 4 November 2013 the first applicant initiated proceedings against O., […]

The national courts chose a shorter limitation period for a tort claim. Violation of fair trial

Administrative
21/03/2023 20:42

JUDGMENT BRĂDEAN AND OTHERS v. ROMANIA 21.03.2023 (app. no. 21680/18) see here SUMMARY Tort action. One year limitation period for tort claim. Shorter limitation period of one year instead of the general three-year limitation period. Right of access to a court and fair trial. In 2003 the applicants, who were employees of the Ministry of […]

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