Judges

Temporary detention of an international judge and search of his residence, despite his diplomatic immunity. Violation of privacy and personal liberty

JUDGMENT Aydın Sefa Akay v. Turkey 23.04.2024 (app. no. 59/17) see here SUMMARY The case concerned a UN judge’s arrest and pre-trial detention, as well as the search of his house and person, in the aftermath of the 2016 attempted military coup in Türkiye, in spite of his diplomatic immunity. He was working remotely from […]

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The judge who examined the appeal in the Supreme Court, examined the case on appeal on points of law. Conviction for lack of impartiality of the court

JUDGMENT Sacharuk v. Lithuania 23.04.2024 (app. no. 39300/18) see here SUMMARY The case concerned Mr Sacharuk’s conviction in 2017 of abuse of office and of unlawful use of an official document because he had used another parliamentarian’s identity card to vote in parliament on his behalf. The Court found in particular that the Supreme Court […]

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Denying NGOs access to the diaries of judges’ meetings violated the reception and transmission of information. Violation of Article 10 of the ECHR

JUDGMENT Sieć Obywatelska Watchdog Polska v. Poland  21.03.2024 (app. no. 10103/20) see here SUMMARY Attempts by a non-governmental organisation to gain access to the meeting diaries of two judges of the Constitutional Court and the court’s visitors’ diary. The request for information was made in the context of doubts about whether the two judges had […]

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Arbitrary dismissal of a judge from a judicial council without the right to appeal against the decision. Infringement of the right of access to a court

JUDGMENT Kartal v. Turkey 26.03.2024 (app. no. 54699/14) see here SUMMARY The applicant is a judge and has served as a member of the Judicial and Prosecutorial Review Board. The case concerned the termination of his term of office on the Board of Review under amendments to the legislation of the defendant State. He filled […]

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Systematic and indiscriminate retention of telecommunications data, amid proceedings against judge for bribery, breached privacy rights

JUDGMENT Škoberne v. Slovenia 15.02.2024 (app. no. 19920/20) see here SUMMARY The case concerned the proceedings against a former judge and his conviction in 2013 for accepting bribes. His conviction had been based on statements by his two co-defendants who had admitted to being intermediaries and on traffic and location data obtained under the data-retention […]

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Disciplinary sanction against a judge for his Facebook posts on matters of public interest. Violation of freedom of expression

JUDGMENT Danileţ v. Romania 20.02.2024 (app. no. 16915/21) see here SUMMARY The case concerned a disciplinary sanction imposed on a judge by the National Judicial and Legal Service Commission for posting two messages on his Facebook account. The Court found that the domestic courts had failed to give due consideration to several important factors, in […]

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Judge participated in the examination of an appeal on points of law, despite having served as head of the Attorney General’s Office during the period when his subordinate prosecutors brought the appeal on points of law in question. Breach of objective impartiality

JUDGMENT Ugulava v. Georgia (no. 2) 01.02.2024 (app. no. 22431/20) see here SUMMARY In December 2013, the applicant, a politician, who at the time was acting as Mayor of Tbilisi, was charged with aggravated embezzlement. In January 2019, two prosecutors of the General Prosecutor’s Office appealed against the appellate decision to the Supreme Court. The […]

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Extraordinary appeal by the Attorney General annuls an irrevocable court decision after 11 years! Conviction for setting up an unlawful court and violation of privacy!

JUDGMENT Lech Wałęsa v. Poland 23.11.2023 (app. no. 50849/21) see here SUMMARY The case concerned a civil suit that Mr Wałęsa had taken against a former friend and associate, Krzysztof Wyszkowski, who had accused him publicly of collaboration with the secret services under the communist regime. Although he had won the case, the final judgment […]

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The close professional relationship between judges of the Supreme Court of Cassation and one of the parties constituted a lack of objective impartiality. Breach of the right to due process

JUDGMENT Syndicat National des Journalistes and others v. France 14.12.2023 (app. no. 41236/18) see here SUMMARY The case concerned an alleged violation of the right to a fair hearing by an impartial court, as a result of the involvement of three Court of Cassation judges – who, in the applicants’ submission, had ties with the […]

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The President of the Supreme Court testified as a witness for the prosecution. Media reports of conversations of the accused. Lack of impartiality of the judges. No violation of fair trial and of the presumption of innocence

JUDGMENT Tadić v. Croatia  28.11.2023 (app. no. 25551/18) see here SUMMARY The case concerned criminal proceedings in which Mr Tadić had been found guilty of conspiring – through payments of money – to influence the Supreme Court to give a decision favourable to a well-known politician who was being tried for a war crime. The […]

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