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ECHR. X v. THE NETHERLANDS. Violation of Art. 6 § 1 and Art. 6 § 3 (c)
Art. 6 § 1 and Art. 6 § 3 (c) • Fair hearing • Insufficient interests cited by domestic court to outweigh applicant’s right to attend appeal hearing in person through a second adjournment • Relative brevity of pending proceedings and no need for requested adjournment...
ECHR. VOLODINA v. RUSSIA. Violation of art. 8
Art. 8 • Private life • Positive obligations • Authorities’ failure to protect victim of domestic violence from repeated acts of cyberviolence and to bring perpetrator to justice The case concerns the State’s obligation to protect the applicant from acts of...
ECHR. BANEV v. BULGARIA. Violation of art. 5 § 3 and art. 6 § 2
#constitutionofanorganizedcriminalgroup; #moneylaundering; #taxavoidance The art. 5 § 3 • lack of relevant and sufficient reasons to decide the continuation of detention; The art. 6 § 2 • violation of the presumption of innocence In essence, the ECHR found the...
ECHR. Zamfirescu v. Romania. Infringement of art. 8
Motivation of the Court (...) 60. In the Court's view, several elements call for a careful examination. The Court first observes that the decision authorizing the applicant to be heard did not specify the specific time intervals (see paragraph 8 above). It follows...
ECHR. FİKRET KARAHAN v. TURKEY. Infringement of art. 6 §§ 1 and 3 (d)
Art. 6 §§ 1 and 3 (d) • Trial leading to conviction for membership of illegal armed organisation unfair, due to applicant’s inability to confront witness against him, and despite his lawyer being able to cross-examine the witness • No good reason for failure to obtain...
ECHR. LOIZOU v. GREECE. Infringement of art. 5 §§ 1, 4 of the Convention
Art. 5 §§ 1 and 1 c) • Illegality of continuous pre-trial detention, interrupted to serve a prison sentence for other offenses, in the absence of a clear legal basis in national law • No prompt notification of the judgment providing for the conversion of the prison...
ECHR. AZIZOV AND NOVRUZLU v. AZERBAIJAN. Infringement of art. 18 and art. 5 § 3
Art. 5 § 3 • Reasonableness of pre-trial detention • Domestic courts’ failure to provide “relevant” and “sufficient” reasons justifying extension of applicants’ pre-trial detention; Art. 18 (+ Art. 5 § 3) • Restrictions for unauthorised purposes • Pre-trial detention...
ECHR. CASE OF KOLESNIKOVA v. RUSSIA. Infringement of art. 6 § 1 of the Convention
Art 6 § 1 • Impartial tribunal • Rejection of a non-abusive recusal request of all the judges of a tribunal who decided themselves on the recusal against them • The Court of Cassation did not remedy the litigation deficiencies. Assessment of the Court 49. ...
ECHR. Lascau v. Romania. Breach of art. 6 § 1 of the Convention
Motivation of the Court The Court refers to the general principles governing the application method of art. 6 of the Convention on appeal proceedings, which it recalled in the case of Găitănaru versus Romania (paragraphs 26-28, 26th June 2012; see also Flueraș versus...
ECHR. SÜLEYMAN v. TURKEY. Infringement of art. 6 § 1 and § 3 (d) of the Convention
The applicant complained that the fairness of the criminal proceedings against him had been tainted owing to his alleged inability to confront and question the only eyewitness to the shooting of M.Ü., namely witness X, in person....
ECHR. Dan v. the Republic of Moldova. Infrigement of Art. 6 of the Convention
The Court notes from the outset the Government’s argument that the applicant had agreed to the reading out of the statements of the absent witnesses during the hearing. The Court notes that indeed the applicant, who had been acquitted at first instance, did not...
ECHR. Ćwik v. Poland. Infrigement of Art. 6 of the Convention
Application of the principles In the present case, the applicant claimed that the criminal proceedings against him had been unfair on the grounds that the court had admitted into evidence the information extracted from K.G., a...
ECHR. Mircea v. Romania. Infringement of art. 6 § 1 and § 3 lit. c) of the Convention
I. Regarding the alleged infringement of art. 6 § 1 and § 3 lit. (c) of the Convention invoked on by the applicant, since his conviction was based on statements made shortly after his interpellation by the police and without the effective assistance of a lawyer,...
ECHR. DOROŻ v. POLAND. Violation of Article 8 of the Convention
The Court’s assessment „(27) Considering the content and scope of the search order, the Court notes that the prosecutor’s order of 6 April 2011 was drafted in broad terms referring to securing evidence, that is, the “leaflets with information about the salary of...
ECHR. AYETULLAH AY v. TURKEY. Violation of Article 6 §§ 1 and 3 of the Convention
The Court’s assessment. General principles In deciding whether applicants have received a fair hearing the Court does not take the place of the domestic courts, who are in the best position to assess the evidence before them, establish facts and interpret domestic...
