ECHRCaseLaw

Violent beating of a citizen by police officers for personal reasons! Physical violence constitutes inhuman and degrading treatment.

JUDGMENT  Gülkanat v. Turkey 09.07.2019 (no.38176/08) see here SUMMARY  Ill- treatment of a citizen by police officers  and cover up by senior officers. The applicant, who had not committed a crime, was led by police officers in a wooded area and was beaten for supposedly  harassing the sister in law of an officer.  When transferred to […]

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Α Court bought the courthouse housed by a defendant company while its case was pending! Lack of judicial impartiality.

JUDGMENT Cosmos Maritime Trading and Shipping Agency v. Ukraine 27.06.2019 (no.53427/09) see here  SUMMARY  In a trial between the plaintiff and the defendant company, the defendant transferred its ownership of the courthouse to the courts in the case. Lack of impartiality of courts. The applicant shipping company appealed to the Ukrainian courts for recognition of its high monetary claim […]

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

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 […]

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The judge must abstain when his / her impartiality is legitimately challenged. Infringement of fair trial when the judge who convicted the accused was the mother’s enemy!

JUDGMENT  Škrlj v. Croatia 11.07.2019 (no. 32953/13) see here  SUMMARY  A judge who was prejudiced against the defendant’s mother heard his case and sentenced him. Lack of fairness and fair trial. The police issued a penalty notice against the applicant for two traffic violations and he appealed before the Offences Court. At the Court of […]

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Conviction of a publisher and editor-in-chief of a newspaper for publishing statements by leaders of a terrorist organization for incitement to violence. Freedom of transmission of information was not infringed.

JUDGMENT Gürbüz and Bayar v. Turkey 23.07.2019 (no. 8860/13) see here  SUMMARY Press, freedom of thought and incitement to violence. The applicants, the publisher and editor-in-chief of the newspaper, were sentenced to a fine for publishing statements by a terrorist leader threatening a “guerrilla fight” in the event of no dialogue and inciting “patriots” to act. The Supreme Court […]

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7 years imprisonment for participating in a demonstration! Deprivation of the right of the freedom of assembly.

JUDGMENT  Zülküf Murat Kahraman v. Turkey 16.07.2019 (no. 65808/10) see here  SUMMARY The applicant was accused of participating in a protest against the detention conditions of Adhullah Öcalan, a member of the PKK. His conviction of a prison sentence of more than 7 years was based on a photograph of a man with his face […]

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National courts in child custody cases must take into account evidence presented by a party and carry out a thorough examination of the family situation. Violation of family life.

JUDGMENT  Širvinskas v. Lithuania 23.07.2019 (no. 21243/17) see here  SUMMARY Interest of the child and arrangement of his residence in the event of divorce of his/her parents. The applicant had a daughter with his former wife. Because of personal reasons their marriage ended. The mother did not comply with the original settlement agreement of joined custody […]

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Conviction of the applicant by the Second Instance Court, following an appeal brought by the Prosecutor in an acquittal decision. The court has violated the principle of fair trial because it did not re-examine the co-defendants and witnesses, but was content with their initial statements.

JUDGMENT  Júlíus Þór Sigurþórsson v. Iceland 16.07.2019 (no. 38797/17) see here SUMMARY Unfair competition, criminal conviction. The applicant was accused of unfair competition on collusion between corporate materials prices. He was acquitted at first instance but the Prosecutor appealed. The Second Instance Court, although was requested, did not re-examined the co-defendants and witnesses, but relied […]

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Wild beating of suspect during police interrogation for attempted rape of a minor. 8 years of ineffective investigation by the authorities regarding the conditions of the injuries constitutes inhumane and degrading treatment.

JUDGMENT  Gogaladze v. Georgia 18.07.2019 (no.8971/10) see here SUMMARY  Ill -treatment of a suspect for the offense of raping a minor by  police officers. The applicant was arrested and interrogated for the offense of the rape of a minor. Two months after the incident and while he was in pre –trial detention, he complained of […]

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Cases involving parent-child relationships must be handled quickly and with extreme care. The 10-year-long court process for parental custody of two minor children violated the right to family life.

JUDGMENT R.V. and others v. Italy 18.07.2019 (no. 37748/13) see here SUMMARY  Parents’ inadequacy, parental care and foster family. The applicant, following a complaint from a relative, found it unsuitable for bringing up two children aged just 1 and 3 years respectively. The procedures for taking care of children have been made long and complicated. […]

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ECHRCaseLaw

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