JUDGMENT Akdağ v. Turkey 17.09.2019 (no. 75460/10) see here SUMMARY The case concerned access to a lawyer in police custody. The applicant alleged that she had confessed to being a member of an illegal organisation after being threatened and ill-treated by the police, without access to a lawyer. Although the Court rejected as inadmissible the […]
Detention remedies must be capable of being supported in person by the detainee, which constitutes a fundamental guarantee of Article 5 par. 4. An appeal brought by a self-appointed lawyer as long as the defendant was a fugitive without his knowledge does not secure his right to appeal against his deprivation of liberty.
JUDGMENT Rizzotto v. Italy no. 2 05.09.2019 (no. 20983/12) see here SUMMARY The case concerned the lawfulness of a pre-trial detention order, and the procedural safeguards secured under Article 5 § 4 (right to speedy review of the lawfulness of detention) of the Convention. The Court found that Mr Rizzotto had never had the opportunity in […]
Marriage between “ex-” brothers- and sisters-in-law. Annulment of marriage after 10 years of marriage and after the Greek authorities had issued a marriage license. The cancellation of the marriage by the Greek courts violated the right to marriage. Condemnation of Greece
JUDGMENT Theodorou and Tsotsorou v. Greece 5.09.2019 (appl. no. 57854/15) see here SUMMARY The case concerned a judicial decision annulling the marriage of Ms Tsotsorou and Mr Theodorou on the grounds that Ms Tsotsorou was Mr Theodorou’s former sister-in-law. On the basis of Article 1357 of the Civil Code – which prohibits, in particular, marriage […]
JUDGMENT Rodionov v. Russia 27.08.2019 (no. 9106/09) see here SUMMARY Request for revision of an ECHR judgment pursuant to Rule 80 of the Rules of Court. The applicant’s mother complained that she had been unable to enforce the decision because of her son’s death and argued that as his heir she should receive the sums […]
Conviction of a deceased (!) violates the fair trial. Presumption of innocence guarantees lack of criminal responsibility after the defendant’s death.
JUDGMENT Magnitskiyiy and others v. Russia 27.08.2019 (no. 32631/09 and 53799/12) see here SUMMARY Conviction of the deceased. Criminal responsibility does not remain after the defendant death. This dictates the presumption of innocence. Conviction of the accused after his death violates the right to a fair trial as criminal proceedings require the defendant to participate. […]
Constant video surveillance of a prisoner constitutes inhuman and degrading treatment. The trial in camera must be reasoned, otherwise it infringes the fair trial.
JUDGMENT Izmestyev v. Russia (application no. 74141/10) of 27.08.2019 see here SUMMARY Video surveillance of a life prisoner with security cameras on a 24-hour basis, restrictions on his family visits, prolonged detention and trial in camera. The European Court of Human Rights held, unanimously, that there had been: a violation of Article 3 (prohibition of […]
Law practice and fraud for many years. Twelve-year duration of criminal proceedings constitutes an infringement of the reasonable duration of the proceedings
JUDGMENT Abboud v. Belgium 02.07.2019 (no.29119/13) see here SUMMARY Violation of reasonable time for criminal proceedings. 12 years for criminal cases exceeded the reasonable time. The applicant worked as a translator. Taking advantage of this situation and without having the capacity of a lawyer, he has been conducting legal acts for many years, providing legal […]
The judge must abstain when his / her impartiality is legitimately challenged. Infringement of fair trial when the judge who convicted the accused was the mother’s enemy!
JUDGMENT Škrlj v. Croatia 11.07.2019 (no. 32953/13) see here SUMMARY A judge who was prejudiced against the defendant’s mother heard his case and sentenced him. Lack of fairness and fair trial. The police issued a penalty notice against the applicant for two traffic violations and he appealed before the Offences Court. At the Court of […]
Conviction of a publisher and editor-in-chief of a newspaper for publishing statements by leaders of a terrorist organization for incitement to violence. Freedom of transmission of information was not infringed.
JUDGMENT Gürbüz and Bayar v. Turkey 23.07.2019 (no. 8860/13) see here SUMMARY Press, freedom of thought and incitement to violence. The applicants, the publisher and editor-in-chief of the newspaper, were sentenced to a fine for publishing statements by a terrorist leader threatening a “guerrilla fight” in the event of no dialogue and inciting “patriots” to act. The Supreme Court […]
National courts in child custody cases must take into account evidence presented by a party and carry out a thorough examination of the family situation. Violation of family life.
JUDGMENT Širvinskas v. Lithuania 23.07.2019 (no. 21243/17) see here SUMMARY Interest of the child and arrangement of his residence in the event of divorce of his/her parents. The applicant had a daughter with his former wife. Because of personal reasons their marriage ended. The mother did not comply with the original settlement agreement of joined custody […]