Lawyers

Statements of a lawyer on a television show for a pending civil case. Disciplinary sanction of one month of temporary suspension. Non-infringement of the freedom of expression

JUDGMENT Demertzis v. Greece 11.05.2023 (app.  no. 12766/15) see here SUMMARY Appearance of the applicant lawyer on a television show and his statements on a case of a family nature, which was pending before the civil courts. The show also featured the child’s mother, stepfather and a psychiatrist, and included video footage of the child. […]

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Dismissal of an appeal on points of law against an acquittal judgment because it was not brought within 30 days from the date of the delivery of the judgment but from the date of its registration. Violation of the right of access to a court

JUDGMENT KARANTALIS v. GREECE 31.01.2023 (app. no. 67398/14) see here SUMMARY Dismissal by the Court of Cassation of an appeal on points of law lodged by the public prosecutor at the applicant’s request against an acquittal judgment delivered in criminal proceedings in which the applicant had participated as a civil party. A criminal complaint was […]

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Removal of attorneys from trial for misconduct. Non-infringement of due process and privacy

JUDGMENT Angerjärv and Greinoman v. Estonia 04.10.2022 (app. no. 16358/18 and 34964/18) see here SUMMARY The applicants, Mart Angerjärv and Maksim Greinoman, are Estonian nationals who were born in 1980 and 1979 and live in Viimsi and Tallinn respectively. They are both lawyers. The case concerns the applicants’ attempts to challenge their removal from civil-court […]

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Dismissal of appeal on points of law from the supreme court without answering the grounds of appeal with sufficient reasons. Violation of due process

JUDGMENT Rusishvili v. Georgia 30.06.2022 ( app. no. 15269/13) see here SUMMARY  Fair trial. Representation by a lawyer of the defendant’s choice, examination of witnesses, reasons for the decision. The applicant was sentenced to 18 years’ imprisonment for first-degree murder and possession of firearms. He appealed for a violation of the fair trial claiming that: […]

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Rejection of an application for annulment of an arbitral award because it was not filed electronically! Violation of a fair trial

JUDGMENT Xavier Lucas v. France 09.06.2022 (app. no. 15567/20) see here SUMMARY The case concerned a requirement to issue proceedings in the Court of Appeal electronically using the e-barreau platform. The Court of Appeal had held that the applicant’s paper application to set aside an arbitral award could be entertained on the ground that the […]

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Restrictions on access to a lawyer in the initial stages of criminal proceedings in breach of the applicant’s right to a fair trial

JUDGMENT Tonkov v. Belgium  08.03.2022 (app. no. 41115/14) see here SUMMARY In this case, Mr Tonkov complained that he had been deprived of his right of access to a lawyer in the initial stages of the judicial investigation against him, and in particular during his police custody and during the hearings, interviews and other investigative […]

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ιδιοκτησία

Reduction of minimum fees for ex-officio appointed lawyers by court decision! Violation of respect for their property

JUDGMENT Dănoiu v. Romania  25.01.2022 (app. no. 54780/15) see here SUMMARY Fees of ex-officio appointed lawyers. Arbitrary reduction of their wages. Violation of the right to peaceful enjoyment of possessions. A court decision reduced the minimum statutory fees of three (3) lawyers who were appointed ex officio by the court in order to represent their […]

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Incommunicado detention of a detainee without access to a lawyer of his choice! Violation of a fair trial and the right to choose a lawyer

JUDGMENT Atristain Gorosabel v. Spain 18.01.2022 (app. no. 15508/15) see here SUMMARY Detention in complete isolation without any communication. Right to a fair trial. Right of defense by a lawyer of the choice of the accused. The applicant, a Spanish national, was charged with involvement in the ETA terrorist organization and possession of explosives and […]

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Lack of procedural guarantees for the protection of a lawyer’s personal data. Violation of Article 8 of the ECHR

JUDGMENT Särgava v. Estonia 16.11.2021 (app. no. 698/19) see here SUMMARY Confiscation of a lawyer’s personal belongings. The lawyer and the mobile phone of the applicant, a lawyer, were confiscated from his house and car and then examined by the authorities in the context of a criminal investigation. The applicant’s judicial attempts to declare the […]

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