Article 6 Criminal - Right to a fair trial

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Cases selected for updating the Case-Law Guide.

Orhan Şahin v. Türkiye, no. 48309/17

12.03.2024

Failure of domestic court, which ultimately convicted the applicant, to hear evidence from a witness on whose statements it mainly relied.
Judgment


Leka v. Albania, no. 60569/09

05.03.2024

Fairness of criminal proceedings. Reclassification of criminal offence by an appellate court.
Judgment


Škoberne v. Slovenia, no. 19920/20

15.02.2024

Refusal of the applicant’s request to examine two co-defendants as witnesses following their admission of guilt.
Judgment


Mehmet Zeki Doğan v. Türkiye (no. 2), no. 3324/19

13.02.2024

Upholding of the applicant’s previous conviction and sentence in reopened criminal proceedings based decisively on his co-defendants’ incriminating statements made in the absence of a lawyer and later retracted. Applicability and merits.
Judgment | Legal Summary


Bogdan v. Ukraine, no. 3016/16

08.02.2024

Validity of a waiver of the right to a lawyer signed by a person addicted to drugs and suffering from withdrawal symptoms.
Judgment | Legal Summary


Alppi v. Finland (dec.), no. 15736/22

28.11.2023

Use of videoconferencing technology during a part of the hearing in the criminal proceedings against the applicant.
Decision


Rimšēvičs v. Latvia (dec.), no. 31634/18

10.10.2023

Effectiveness of a newly introduced criminal remedy to obtain redress for an alleged breach of the presumption of innocence by public officials’ statements.
Decision | Legal Summary


Repeşco and Repeşcu v. the Republic of Moldova, no. 39272/15

03.10.2023

Refusal to re-open criminal proceedings despite credible allegations that statements, used as evidence against the applicants, were extracted by ill-treatment inflicted during their police custody.
Judgment


Yüksel Yalçınkaya v. Türkiye [GC], no. 15669/20

26.09.2023

Conviction for membership of an armed terrorist organisation based decisively on the use of an encrypted messaging application.
Judgment | Legal Summary


Bavčar v. Slovenia, no. 17053/20

07.09.2023

Statements made by the Minister of Justice and Prime Minister concerning an important political and economic figure who had been convicted at first instance and had subsequently appealed.
Judgment | Legal Summary


Hamdani v. Switzerland, no. 10644/17

28.03.2023

Domestic authorities' refusal to designate the lawyer of the applicant's own choosing as his free ex officio representative.
Judgment


Kerimoğlu v. Türkiye, no. 58829/10

06.12.2022

Failure to deliver a reasoned judgment followed by an acquittal after imprisonment.
Judgment


Spasov v. Romania, no. 27122/14

06.12.2022

Conviction based on domestic-law provisions that were manifestly contrary to EU Regulations constituting denial of justice. 
Judgment | Legal Summary


Gaggl v. Austria, no. 63950/19

08.11.2022

Expert evidence and defence rights.
Judgment


Vegotex International S.A. v. Belgium [GC], no. 49812/09

03.11.2022

Legislature’s intervention during tax assessment proceedings. Substitution of grounds. Length of tax proceedings. Applicability and merits.
Judgment | Legal Summary


Mamaladze v. Georgia, no. 9487/19

03.11.2022

Obtaining and use of evidence (poisonous substance) in conviction of applicant for preparation of murder. Trial and appeal proceedings held in camera. Statements and conduct of public officials and prosecution authorities after applicant’s arrest (presumption of innocence and exhaustion of domestic remedies in that respect, Article 6 § 2).
Judgment | Legal Summary


Xenofontos and Others v. Cyprus, nos. 68725/16, 74339/16 and 74359/16

25.10.2022

Conviction decisively based on confession by accomplice, who was not prompted by any deal, but was later placed in a witness protection programme and spared prosecution.
Judgment | Legal Summary


De Legé v. the Netherlands, no. 58342/15

04.10.2022

Privilege against self-incrimination in the context of proceedings for the imposition of a tax fine.
Judgment | Legal Summary


McCann and Healy v. Portugal, no. 57195/17

20.09.2022

Presumption of innocence in the context of the disappearance of a child.
Judgment | Legal Summary


Makarashvili v. Georgia, nos. 23158/20 and 2 Others

01.09.2022

Weight of evidence given by police officers.
Judgment


Loizides v. Cyprus, no. 31029/15

05.07.2022

Dismissal of criminal appeal consequent on a tie vote.
Judgment | Legal Summary


Rusishvili v. Georgia, no. 15269/13

30.06.2022

Absence of lawyer of applicant’s own choosing during initial hours of detention. Absence of reasons in jury verdict and lack of reasons for declaring inadmissible applicant’s appeal on points of law.
Judgment


Boutaffala v. Belgium, no. 20762/19

28.06.2022

Unilateral declaration (UD) as concerns facts giving rise to subsequent criminal proceedings against the applicant and the domestic courts' approach to the terms of the Government's UD.
Judgment | Legal Summary


Haščák v. Slovakia, nos. 58359/12 and 2 others

23.06.2022

Applicability: Public statements by officials in relation to intelligence service operation (presumption of innocence).  
Judgment | Legal Summary


Mierla and Others v. Romania (dec.), nos. 25801/17 and 2 others

17.05.2022

Applicability: delayed drafting of reasoning of court judgments.
Decision


Wang v. France, no. 83700/17

28.04.2022

Defence rights of persons being interviewed voluntarily by the police. Applicability and merits.
Judgment


Dubois v. France, no. 52833/19

28.04.2022

Defence rights of persons being interviewed voluntarily by the police. Applicability and merits.
Judgment


Benghezal v. France, no. 48045/15

24.03.2022

Inappropriate wording in a civil judgment after acquittal (Article 6 § 2).
Judgment


Bjarki H. Diego v. Iceland, no. 30965/17

15.03.2022

Use in trial of transcript of applicant's questioning while he was still a witness. Article 6 §§ 3 (a) and (c).
Judgment | Legal Summary


Tonkov v. Belgium, no. 41115/14

08.03.2022

No access to a lawyer in the initial stages of proceedings and incriminating evidence by co-accused allegedly obtained in the absence of a lawyer by means of pressure/coercion (Article 6 § 3 (c)).
Judgment | Legal Summary


Elif Nazan Şeker v. Turkey, no. 41954/10

08.03.2022

Trial court’s decision overriding accused's wishes as to her choice of legal representation (Article 6 § 3 (c)).
Judgment


Al Alo v. Slovakia, no. 32084/19

10.02.2022

Conviction based on pre-trial testimonies from migrants, absent from the trial after their expulsion. Waiver issue.
Judgment


Atristain Gorosabel v. Spain, no. 15508/15

18.01.2022

Use at trial of initial confession by terrorist suspect held incommunicado and denied access to lawyer of own choice and legal-aid lawyer.
Judgment | Legal Summary


Faysal Pamuk v. Turkey, no. 430/13

18.01.2022

Conviction based on written statements of absent witnesses, who were examined by other courts of their places of residence in the same country.
Judgment | Legal Summary


Melgarejo Martinez de Abellanosa v. Spain, no. 11200/19

14.12.2021

Alleged breach of the principle of legal certainty and lack of reasoning in tax proceedings. Applicability and merits.
Judgment


Filat v. the Republic of Moldova, no. 11657/16

07.12.2021

Presumption of innocence during proceedings on the lifting of the applicant's parliamentary immunity.
Judgment


Sassi and Benchellali v. France, nos. 10917/15 and 10941/15

25.11.2021

Intelligence collected by French agents during applicants’ detention at Guantánamo Bay and prosecution and conviction in France. Applicability and merits.
Judgment | Legal Summary 


Mucha v. Slovakia, no. 63703/19

25.11.2021

Impartiality and presumption of innocence in relation to plea-bargaining. 
Judgment


Marinoni v. Italy, no. 27801/12

18.11.2021

Applicant acquitted at first instance but found civilly liable on civil parties' appeal. Applicability and merits (presumption of innocence). 
Judgment


Kikabidze v. Georgia, no. 57642/12

16.11.2021

Defence rights during jury trial for aggravated murder, including decisions of the presiding judge.
Judgment


Serrano Contreras v. Spain (No. 2), no. 2236/19

26.10.2021

Revision proceedings before Supreme Court following ECHR judgment. Applicability and merits.
Judgment | Legal Summary


Kartoyev and Others v. Russia, nos. 9418/13 and 2 others

19.10.2021

Lack of public trial and equality of arms in terrorism-related proceedings.
Judgment


Lysyuk v. Ukraine, no. 72531/13

14.10.2021

Unlawful covert recording used as evidence in criminal proceedings. 
Judgment 


Milachikj v. North Macedonia, no. 44773/16

14.10.2021

Presumption of innocence in relation to language used by higher courts in compensation proceedings.
Judgment  


Bara and Kola v. Albania, nos. 43391/18 and 17766/19

12.10.2021

Reform of the justice system and delays in proceedings. Applicability and merits.  
Judgment | Legal Summary


Willems and Gorjon v. Belgium, nos. 74209/16 and 3 others

21.09.2021

Rejection of a request for reopening the proceedings after a unilateral declaration and striking out. Case restored to the list (Article 37 §§ 1 and 2). Excessive formalism.
Judgment | Legal Summary


Brus v. Belgium, no. 18779/15

14.09.2021

Right of access to a lawyer during preliminary phase of trial. Unreasonable delays in trial lasting 13 years.
Judgment


Karrar v. Belgium, no. 61344/16

31.08.2021

Doubts about impartiality of president of Assize Court.
Judgment


X v. the Netherlands, no. 72631/17

27.07.2021

Second adjournement to appear in person at appeal hearing not allowed.
Judgment


Berlizev v. Ukraine, no. 43571/12

08.07.2021

Agent provocateur claim and the use of unlawfully obtained evidence (video recording) in breach of Article 8.
Judgment


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