JUDGMENT Baş v. Turkey 03.03.2020 (no. 66448/17) see here SUMMARY The case concerned the pre-trial detention of Mr Baş, a judge at the time, following the attempted coup of 15 July 2016. The Court found that according to the case-law of the Court of Cassation, a suspicion of membership of a criminal organisation could be […]
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 […]
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 […]
The conversion of a criminal charge that had been decriminalized to another with a more severe sentence and the failure to provide sufficient time to prepare the defense violated the fair trial.
JUDGMENT Gelenidze v. Georgia 07.11.2019 (no. 72916/10) see here SUMMARY Lenient law and unauthorized conversion of a charge. The applicant judge was convicted of intentionally miscalculating the sentence of imprisonment. Although convicted at first instance, her act under more lenient law was decriminalized. Before the Court of Appeal, the Prosecutor applied for the conversion of […]
JUDGMENT Deli v. the Republic of Moldova 22.10.2019 (no. 42010/06) see here SUMMARY The case concerned, on the one hand, an alleged dispute between a lawyer and a judge during a court hearing and the lawyer’s resulting fears of bias towards him and his client and, on the other hand, the judge’s contention that he […]
Criticism of judges by lawyers and conviction of lawyers in the payment of damages. Violation of lawyers’ freedom of expression and protection of the legal function.
JUDGMENT L.P. and Carvalho v. Portugal 08.10.2019 (no. 24845/13 and 49103/15) see here SUMMARY Criticism of judges by lawyers representing their clients. Lawsuits against lawyers. Freedom of expression for lawyers to defend the interests of their clients and the protection of judges and the judiciary. The case concerned findings of liability against two lawyers for […]
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 […]
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 […]
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, […]
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 […]