The fabricated robbery and the non-appointment of a lawyer in the police investigation. The Court was not persuaded of the existance of a ECHR violation.

JUDGMENT Farrugia v. Malta 04.06.2019 (no. 63041/13) see here SUMMARY  Fabricated robbery. Police Prosecution without the presence of a lawyer. Following a robbery in his professional area, the applicant was questioned by the police, who suspected that the crime was based, in particular, on the allegations of one of his employees, namely that the applicant had […]

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Restriction on right of access to a lawyer during police interviews did not breach the right to a fair trial

JUDGMENT  Doyle v. Ireland 23.05.2019 (no. 51979/17) see here SUMMARY Access to a lawyer during police questioning. The applicant’s complaint that the right of access to a lawyer was confined during his examination by the police regarding intentional homicide. Although the applicant could consult his lawyer before and after the questioning, police practice at that […]

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The contact of the lawyer with his detained client is privilegedly protected by the ECHR and must be unobstructed.

JUDGMENT Altay v. Turkey 09.04.2019 (no. 2) (n. 11236/09) see here SUMMARY Lawyer and prisoner. Confidentiality of meetings. The meetings and communications of the lawyer with his client are dealt with privilege by the ECHR and must be free of obstructions. Request of the prison authorities to attend the meetings between the lawyer and his […]

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Unprecedented lifelong exclusion of a Ukrainian lawyer from the representation of the applicants before the European Court of Human Rights due to forgery of documents and filing of applications by dead persons

Judgment of 12.12.2018 Exclusion of a Ukrainian lawyer The European Court of Human Rights has decided, under Rule 36 § 4 (b) of the Rules of Court, that a Ukrainian lawyer, Nataliya Yevgenivna Tselovalnichenko, should be permanently prohibited from representing or otherwise assisting applicants in both pending and future applications. Out of concern not to […]

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Ex officio appointment of lawyers and non-acceptance of their appointment. The lawyers were sentenced to a fine in absentia for contempt of the Court. No infringement of the ECHR.

JUDGMENT  Gestur Jónsson and Ragnar Halldór Hall v. Iceland 30.10.2018 (no.  68273/14 and 68271/14) see here PROVISIONS Article 6 Article  7 Article 2 of Protocol n. 7 SUMMARY The case concerned the imposition of fines on the applicants after they resigned as defence counsel in a criminal case. The Court found in particular that the […]

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The re-seizure of business related items which were handed over to the applicant’s lawyer before the latter could communicate with him did not provide sufficient guarantees against arbitrariness.

JUDGMENT Visy v. Slovakia 16.10.2018 (no.  70288/13) see here SUMMARY Investigation and confiscation of items without a legal warrant. The items were returned to the applicant’s lawyer and subsequently confiscated with a new warrant. The re-seizure of business objects, including legal documents protected by the client-client privacy relationship, which were returned to the lawyer rather […]

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Procedural defects in a search of a lawyer’s office: violation of the right to respect for one’s home

JUDGMENT Leotsakos v. Greece 4.10.2018 (no. 30958/13) see here   SUMMARY The case concerned a search of the professional premises of a lawyer (Mr Leotsakos) and the seizure of several items and documents in the framework of a criminal investigation concerning him personally. The Court found in particular that the procedural defects were such that the […]

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A disciplinary visit by the Chair of the Bar Council to a lawyer’s office did not breach the Convention

JUDGMENT Tuheiava v. France 20.09.2018  (no. 25038/13) see here SUMMARY  The case concerned a lawyer who complained about a visit by the Chair of the Bar Council to his professional premises during his absence. The decision is final. The Court reiterated that, while lawyers must have particular protection in discharging their professional duties, it was […]

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υπερασπιστές ανθρωπίνων δικαιωμάτων

Lawyers and human rights defenders under the protection of the ECHR

JUDGMENT Aliyev v. Azerbaijan 20.09.2018  (no. 68762/14 and 71200/14) see here SUMMARY Lawyers-human rights defenders. An lawyer is arrested and detained for financial irregularities by the legal organization he was the chairman. Infringement of the right to liberty and security as he was deprived of his liberty without valid indications of guilt and the domestic […]

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Disciplinary sanctions and the violation of the fair trial by the national court that did not postpone the examination of the case and declared the Cancellation Application unacceptable

JUDGMENT Vathakos v. Greece 28.06.2018 (no. 20235/11) see here  SUMMARY  Disciplinary sanctions against a secondary school teacher for violation of professional duties. Convicted by a disciplinary court. No objection to the decision. After the expiry of the deadline for objection by the official, the Minister of Education raised an objection to the imposition of a […]

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