Lawyers Archives

The non investigaton of the applicant’s allegations from the domestic courts regarding ill treatment during pre trial detention is unacceptable in behalf of the Court

Article 3
29/10/2019 18:08

JUDGMENT Almaši v. Serbia 08.10.2019 (no. 21388/15) see here SUMMARY Ill – treatment, unreliable testimony and right to representation. The applicant was arrested for illegal entry and of people smuggling. At the preliminary investigation stage, he alleged that he had been ill- treated, resulting in an unreliable testimony and complained that he was not allowed […]

Concerns regarding a judge’s impartiality against a lawyer. Infringement of fair trial

Article 6 - Par. 1
24/10/2019 07:25

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.

Article 10
10/10/2019 07:34

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 […]

Invalid resignation of an illiterate accused of the right to a lawyer. Infringement of fair trial.

Article 6 - Par. 1
17/09/2019 13:34

JUDGMENT Akdağ v. Turkey 17.09.2019 (no. 75460/10) see here SUMMARY The case concerned access to a lawyer in police custody. The applicant alleged that she had confessed to being a member of an illegal organisation after being threatened and ill-treated by the police, without access to a lawyer. Although the Court rejected as inadmissible the […]

Detention remedies must be capable of being supported in person by the detainee, which constitutes a fundamental guarantee of Article 5 par. 4. An appeal brought by a self-appointed lawyer as long as the defendant was a fugitive without his knowledge does not secure his right to appeal against his deprivation of liberty.

Article 5
09/09/2019 08:48

JUDGMENT Rizzotto v. Italy no. 2 05.09.2019 (no. 20983/12) see here SUMMARY The case concerned the lawfulness of a pre-trial detention order, and the procedural safeguards secured under Article 5 § 4 (right to speedy review of the lawfulness of detention) of the Convention. The Court found that Mr Rizzotto had never had the opportunity in […]

Law practice and fraud for many years. Twelve-year duration of criminal proceedings constitutes an infringement of the reasonable duration of the proceedings

Article 6 - Par. 1
21/08/2019 12:36

JUDGMENT Abboud v. Belgium 02.07.2019 (no.29119/13) see here SUMMARY Violation of reasonable time for criminal proceedings. 12 years for criminal cases exceeded the reasonable time. The applicant worked as a translator. Taking advantage of this situation and without having the capacity of a lawyer, he has been conducting legal acts for many years, providing legal […]

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.

Article 6 - Par. 1
09/06/2019 12:03

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 […]

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

Article 6 - Par. 1
23/05/2019 10:27

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 […]

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

Article 6 - Par. 1
24/04/2019 20:54

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 […]

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

Lawyers
28/12/2018 16:44

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 […]

Lawyers