κρατούμενοι

Right of access to the case file with a view to appeal before the ECtHR. Obstructing it constitutes an infringement of the right of appeal.

JUDGMENT Akif Hasanov v. Azerbaijan 19/09/2019 (no. 7268/10) see here  SUMMARY Deadline for appeal and access to the documents in the case file. The applicant was sentenced to 5 days in prison for hooliganism. He  appealed but he was never called  to the hearing and was never served with the dismissal decision. He appealed before […]

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δικηγόρος

Invalid resignation of an illiterate accused of the right to a lawyer. Infringement of fair trial.

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 […]

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φυλακές

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 […]

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φυλακές

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. […]

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φυλακές

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 […]

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Pre-trial detention should serve the needs of criminal investigation, not the public’s thirst for revenge and punishment. Unreasonable justification of the detention.

JUDGMENT Cîrstea v. Romania 23-07-2019 (no. 10626/11) see here SUMMARY  The applicant’s placement in pre-trial detention in the proceedings which followed a dramatic fire in a neonatal intensive-care ward where she was responsible for monitoring care. The Court reiterated its previous finding that domestic courts were required to give specific reasons for finding that public […]

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In absentia conviction. Non violation of fair trial as the absence of the convicted from the court was his choice. His detention with a view to extradition without a court order violated his right to freedom and security.

JUDGMENT Kislov v. Russia 09.07.2019 (no. 3598/10) see here   SUMMARY  Passive bribery of a civil servant. His in absentia conviction for passive bribery and forgery. Provisional detention in Russia with a view to extradition to Belarus without a court order. The applicant was accused of passive bribery of an official and was convicted in absentia […]

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φυλακές

Chemical castration of a rapist. Rejection of a conviction for release of a convicted person for rape because he refused to be subjected to chemical castration. The continuation of his detention despite his requests for an expert opinion to prove his mental health is a violation of personal freedom and security.

JUDGMENT  Tim Henrik Bruun Hansen v. Denmark  09.07.2019 (no. 51072/15) see here   SUMMARY  Rapist and chemical castration. Non-release of convicted prisoner on grounds of his non-acceptance of being castrated. Offenses against sexual freedom, relapse risk, medical expertise. The applicant was convicted of attempted rape of a minor and detained in prison for 19 years. During his multi-year detention, […]

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φυλακές

Declaring part of a suspended prison sentence as served constituted sufficient redress for excessively long proceedings

JUDGMENT  Chiarello v. Germany  20-06-2019 (no. 497/17) see here SUMMARY Exceeding the length of the criminal proceedings. The Court found that the applicant could no longer claim to have been a “victim” within the meaning of Article 34 of the Convention, given that part of the suspended prison sentence wascharacterised by the Court as a penalty. […]

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ECHRCaseLaw

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