Lawyers

δικηγόρος

The restriction of the right of access to a lawyer at the pre-trial stage did not affect the overall criminal procedure and the fair trial

JUDGMENT Pervane v. Turkey 08.09.2020  (app. no.  74553/11) see here   SUMMARY Right of access to a lawyer at the pre-trial stage and a fair trial. Overall assessment of the process. The applicant was arrested in an armed clash between PKK members and security forces, possessing a Kalashnikov rifle. At the pre-trial stage, under current law, […]

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Political criticism for the incompatibility as a Member of Parliament and a lawyer. Sentencing for defamation violated the freedom of expression.

JUDGMENT Macovei v. Romania 28.07.2020 (no. 53028/14) see here SUMMARY The case concerned the applicant being found liable for defaming another politician. The Court found in particular that the applicant’s statements, whereby she had called the other politician’s combination of work as a lawyer and as a member of parliament an example of corruption, had […]

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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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απαλλοτρίωση

Expropriation. Attorneys have the right to file a direct action to seek redress and the attorney’s fees.

JUDGMENT Kandarakis v. Greece 11.06.2020 (no. 48345/12, 48348/12 and 67463/12) see here SUMMARY Payment of legal remuneration and court costs. Right of access. Lawyers’ rights. Rejection, for lack of active legal standing, of the lawyers claim who represented their clients in a case of expropriation. The lawyers demanded that the debtor company deposit the awarded […]

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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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ιδιοκτησία

Seizure of property of an alleged kidnapped victim, when the victim herself stated that she was not a victim and that there was no kidnapping! Violation of property rights.

JUDGMENT Litvinenko v. Russia 05.05.2020 (no. 84447/17) see here  SUMMARY Seizure of property as part of a criminal investigation by the alleged abducted victim. Authorities seized the applicant’s property, which was allegedly the victim of an abduction from unknown criminals, in order to prevent the perpetrators from illegally disposing of her property. The applicant had […]

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Lawyer sentenced for defamation for writting an open letter on a subject of public interest violated his freedom of expression

JUDGMENT Tête v. Frabce 26.03.2020 (no. 59636/16) see here  SUMMARY In this case the applicant complained about his conviction for malicious falsehood on account of an open letter which he had written to the President of the French Financial Markets Authority (AMF), in which he accused the Olympique Lyonnais Group (“the OL Group”) and its […]

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δικηγόρος

Judge versus lawyer. The unjustified assessment of an eyewitness testimony as unreliable because he was working for a lawyer and the judge’s witness testimonies as reliable, violated the fair trial

JUDGMENT Aslan Ismayilov v. Azerbaijan  12.03.2020 (no. 18498/15) see here SUMMARY Fair trial and reasoning of judicial decisions. Withdrawal of a lawyer license after disciplinary action by a court following a judge’s complaint. Failure of courts to respond to the applicant’s claims and unilateral evaluation of witness testimony against the lawyer and the complaining judge. […]

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Deprivation of the right to choose a defense lawyer and the national court’s formalism in the late appeal violated the ECHR

JUDGMENT Lobzhanidze and Peradze v. Georgia 27.02.2020 (no. 21447/11 and 35839/11) see here  SUMMARY Evidence, Appointment of Attorney, Appeal and Fair Trial. The applicants were convicted of forgery for a virtual sale of real estate. In addition, the first applicant was charged with the offense of bribery of judicial officers for attempting to influence a […]

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The Court intervenes on the substance of the criminal case. Non-examination of evidence, insufficient reasoning and lack of impartiality: Unfair trial

JUDGMENT Paixão Moreira Sá Fernandes v. Portugal 25.2.2020 (no. 78108/14) see here  SUMMARY The case concerned the applicant’s conviction for recording a conversation with a businessman who was offering him money to ensure that his brother, a Lisbon City Councillor, would withdraw his opposition to a contract that the businessman wished to conclude with the […]

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ECHRCaseLaw

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