Information Note on the Court’s case-law 258 January 2022 Atristain Gorosabel v. Spain – 15508/15 Judgment 18.1.2022 [Section III] Article 6 Article 6-1 Fair hearing Article 6-3-c Defence through legal assistance Legal assistance of own choosing Use at trial of…
Faysal Pamuk v. Turkey (European Court of Human Rights)
Information Note on the Court’s case-law 258 January 2022 Faysal Pamuk v. Turkey – 430/13 Judgment 18.1.2022 [Section II] Article 6 Article 6-3-d Examination of witnesses Conviction based on written statements of absent witnesses, who were examined by the courts of their…
CASE OF MELEGA v. THE REPUBLIC OF MOLDOVA (European Court of Human Rights) 40427/18
The case concerns the reversal of a judgment of a first instance court by which the applicant was acquitted and his conviction on appeal without examining anew any evidence or hearing witnesses. SECOND SECTION CASE OF MELEGA v. THE REPUBLIC…
CASE OF ÇONGAR AND KALA v. TURKEY (European Court of Human Rights) 62013/12 and 62428/12
The applications concern the alleged unfairness of criminal proceedings against the applicants owing to their inability to examine an anonymous witness at any stage of the proceedings. SECOND SECTION CASE OF ÇONGAR AND KALA v. TURKEY (Applications nos. 62013/12 and…
CASE OF ADOMAITIS v. LITHUANIA (European Court of Human Rights) 14833/18
The case concerns the applicant’s complaints, under Article 6 § 1 and Article 13 of the Convention, that he did not have a fair hearing and was not able to challenge effectively the lawfulness of the interception of his telephone…
CASE OF ATRISTAIN GOROSABEL v. SPAIN (European Court of Human Rights) 15508/15
The applicant complains under Article 6 §§ 1 and 3 (c) of the Convention that he was denied a lawyer of his own choosing whilst being held incommunicado, and that for this reason he made self-incriminatory statements. His statement enabled…
CASE OF KHUDOROSHKO v. RUSSIA (European Court of Human Rights) 3959/14
The present case concerns a conscript’s suicide as a result of being subjected to hazing practices in the Russian Navy and the refusal of the applicant’s claim for compensation for her son’s death. THIRD SECTION CASE OF KHUDOROSHKO v. RUSSIA…
CASE OF KARUYEV v. RUSSIA – 4161/13. The case concerns the applicant’s conviction for spitting on a portrait of the President of Russia.
THIRD SECTION CASE OF KARUYEV v. RUSSIA (Application no. 4161/13) JUDGMENT Art 10 • Freedom of expression • No clear and foreseeable basis in domestic law for conviction for spitting on a portrait of the President of Russia, where specific…
CASE OF FAYSAL PAMUK v. TURKEY (European Court of Human Rights) 430/13
The application concerns the alleged unfairness of the criminal proceedings against the applicant owing to his alleged inability to confront in person four witnesses who had earlier made incriminating statements about him, indicating his involvement in three different armed activities…
CASE OF KOVAČ v. SERBIA (European Court of Human Rights) 6673/12
SECOND SECTION CASE OF KOVAČ v. SERBIA (Application no. 6673/12) JUDGMENT STRASBOURG 18 January 2022 This judgment is final but it may be subject to editorial revision. In the case of Kovač v. Serbia, The European Court of Human Rights…