Judges

φυλακές

Personal space in a cell from 1.72 to 2.76m consists of inhumane treatment. The act of a judge who reduced the defendant’s sentence did not consists lack of impartiality

JUDGMENT George-Laviniu  Ghiurău v. Romani 16.06.2020 (no.  15549/16) see here  SUMMARY Prison conditions. Fair trial, impartiality of judges and examination of witnesses. The applicant was sentenced to 2 years in prison for severe bodily harm. He appealed to Strasbourg, complaining of inadequate detention conditions, a lack of impartiality of judges in the second instance and […]

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Disbarrement of a lawyer by a bar association because he criticized a public judge for tarnishing the reputation of the judiciary. Violation of freedom of expression and privacy.

JUDGMENT Bagirov v. Azerbaijan  25.06.2020 (no. 81024/12 and 28198/15) see here  SUMMARY Disbarrement of a lawyer by a Bar Association. Lawyer’s confidentiality duty. Freedom of expression and the right to privacy. The applicant, a lawyer by profession, disclosed the cause of death of his client’s son. He was suspended from practising law for one year, for […]

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Journalistic criticism of judges. The conviction of a journalist into payment of damages violated the freedom of expression. The criterion for the amount of compensation is the basic monthly salary.

JUDGMENT Tolmachev v. Russia 02.06.2020 (no. 42182/11) see here   SUMMARY Journalistic criticism of judges and freedom of expression. The awarded damages must take into account the financial situation of the defendant. The plaintiff is a journalist who, through three articles in a newspaper and magazine, criticized judges for their behavior and the way they acted. […]

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A judge’s son’s employment link with a law firm raised objective doubts about the judge’s impartiality in a defamation case

JUDGMENT Koulias v. Cyprus 26.05.2020 (no. 48781/12) see here SUMMARY The case concerned the applicant’s complaint that one of the Supreme Court judges in proceedings against him for defamation was not impartial as the judge’s son worked for the law firm whose founding partner represented the appellant in the case. The Court found in particular […]

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Prosecutors and judges have the right to criticize legal reforms and cases regarding their independence

JUDGMENT Kövesi v. Romania 05.05.2020 (no. 3594/19) see here SUMMARY The case concerned the applicant’s removal as the chief prosecutor of the National Anticorruption Directorate before the end of her second term following her criticism of legislative reforms in the area of corruption. She alleged that she had also been unable to challenge that decision […]

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The deprivation of salary for a defendant who went on holiday during the criminal proceedings violated the right to property. Conviction for payment of salaries and non-pecuniary damage

JUDGMENT Anželika Šimaitienė v. Romania 21.04.2020  (no.  36093/13) see here SUMMARY Deprivation of a judge’s salary during the criminal proceedings. Lack of predictability of a law as the legislation did not provide for the suspension of judicial duties. The position of judge on leave was provided for in a later law. The applicant is a […]

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New President of the European Court of Human Rights!

Mr Robert Spano, an Icelander judge of the European Court of Human Rights, was elected President of the European Court of Human Rights on April 20, 2020 and will take office on May 18, 2020, succeeding Greek Judge Mr Linos – Alexandros Sicilianos. Mr Robert Spano is 48 years old and was born on 27 […]

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A judge has tried two cases with the same defendant. The fair trial was not violated and no discrimination was found.

JUDGMENT Alexandru Marian Iancu v. Romania 04.02.2020 (no. 60858/15) see here   SUMMARY The case concerned the applicant’s allegation that a judge who had been involved in convicting him in two sets of connected proceedings could not be impartial. The Court found that aside from the alleged similarity between the two sets of proceedings against […]

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Disclosure of sensitive personal data on adoption violates privacy. The legislative vacuum for lawsuits against judges violated the right to an effective remedy.

JUDGMENT Χ.  and others v. Russia 14.01.2020 (no. 78042/16 και 66158/14) see here  SMMARY The first applicant, a victim of rape, complained of malfunctioning of the justice system, as the latter, in the process of investigating her case, disclosed her personal information in letters she sent to medical centers. The applicant applied for damages, but […]

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