Judges

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 […]

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Judge in litigation against administrative courts! The refusal to examine proposed witnesses, the rejection of the requested oral hearing and the inadequate statement of reasons for the judgments violated the right to a fair trial.

JUDGMENT  Bileski v. North Macedonia 06.06.2019 (no. 78392/14) see here   SUMMARY  Violation of the fair trial by the administrative courts. Reasoning of  court judgments. Denial of examination of important witnesses. Dismissal of the oral hearing of the party. Alleged co-operation with the security services of the former Communist regime. In 2012, the Fact Verification Commission […]

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δικηγόρος

Judge impartiality. Participation in court panel, which examined bank executives, a judge whose son was a legal advisor to the same bank, raises suspicions of a lack of impartiality. Failure to examine a witness that was not essential does not violate the fair trial.

JUDGMENT Sigurður Einarsson and others v. Iceland 04.06.19 (no. 39757/15)  see here  SUMMARY  Impartiality  ofJudge and fair trial. Not examination of witness that was not  essential. The conditions for ensuring fair trial are, inter alia, the impartiality of the judge, access to evidence and the examination of witnesses. The applicants, senior executives at Kaupping Bank, […]

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First decision of the Court against Northern Macedonia with the state’s new name. Judge and change of nationality

JUDGMENT Τasev v. North Macedonia 16.05.2019 (no. 9825/13) see here SUMMARY Change of ethnicity. Denial to a judge on his request to change his ethnicity. Removal from the list of candidates for the State Judicial Council (SJC). The Court considered in particular that the interpretation of the domestic law by the national authorities was not […]

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δικηγόρος

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

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 […]

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φυλακές

The detention of a Supreme Judge in Turkey was illegal and violated the right to freedom and security. Important decision .

JUDGMENT Alparslan Altan v. Turkey 16-04-2019 (no. 12778/17) see here SUMMARY The case concerned the detention of a Turkish Constitutional Court judge following the attempted coup of 15 July 2016. Mr Altan was deprived of his liberty primarily on suspicion of membership of an armed terrorist organisation, FETÖ/PDY. The Constitutional Court found that this constituted […]

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Unfair establishment of a Court of Appeal due to an illegal appointment of a judge. Infringement of Article 6 of the ECHR

JUDGMENT Guðmundur Andri Ástráðsson v. Iceland  12.03.2019 (no.  26374/18),  see here  SUMMARY The case concerned the applicant’s allegation that the new Icelandic Court of Appeal (Landsréttur) was not established by law. The Court found in particular that the process by which a judge was appointed to the Court of Appeal had amounted to a flagrant […]

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The sentencing of a newspaper editor to a prison sentence for defamation of a judge was “manifestly disproportionate” by violating freedom of expression

JUDGMENT Sallusti v. Italy  07.03.2019 (no. 22350/13) see here SUMMARY Prison sentence of a famous Italian editor-in-chief of for articles published in his newspaper. The national courts found that these articles had falsely reported that a 13-year-old girl had been forced to perform an abortion by her parents and the custodian judge, despite the earlier […]

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ECHRCaseLaw

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