Article 6 Criminal - Right to a fair trial

Responsive Image

All Updates


Cases selected for updating the Case-Law Guide.

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

10/10/23

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

03/10/23

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

26/09/23

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

07/09/23

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

28/03/23

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

06/12/22

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


Spasov v. Romania, no. 27122/14

06/12/22

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

08/11/22

Expert evidence and defence rights.
Judgment


Mamaladze v. Georgia, no. 9487/19

03/11/22

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


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

03/11/22

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


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

25/10/22

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

04/10/22

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

20/09/22

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


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

01/09/22

Weight of evidence given by police officers.
Judgment


Loizides v. Cyprus, no. 31029/15

05/07/22

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


Rusishvili v. Georgia, no. 15269/13

30/06/22

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

28/06/22

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

23/06/22

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

17/05/22

Applicability: delayed drafting of reasoning of court judgments.
Decision


Dubois v. France, no. 52833/19

28/04/22

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


Wang v. France, no. 83700/17

28/04/22

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


Benghezal v. France, no. 48045/15

24/03/22

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


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

15/03/22

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


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

08/03/22

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


Tonkov v. Belgium, no. 41115/14

08/03/22

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


Al Alo v. Slovakia, no. 32084/19

10/02/22

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

18/01/22

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

18/01/22

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

14/12/21

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

07/12/21

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


Mucha v. Slovakia, no. 63703/19

25/11/21

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


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

25/11/21

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


Marinoni v. Italy, no. 27801/12

18/11/21

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

16/11/21

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


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

26/10/21

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

19/10/21

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


Lysyuk v. Ukraine, no. 72531/13

14/10/21

Unlawful covert recording used as evidence in criminal proceedings. 
Judgment 


Milachikj v. North Macedonia, no. 44773/16

14/10/21

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

12/10/21

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

21/09/21

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

14/09/21

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

31/08/21

Doubts about impartiality of president of Assize Court.
Judgment


X v. the Netherlands, no. 72631/17

27/07/21

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


Berlizev v. Ukraine, no. 43571/12

08/07/21

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


Maestri and Others v. Italy, nos. 20903/15 and 3 others

08/07/21

No fresh hearing of accused before overturning acquittal at first instance.
Judgment | Legal summary


Dodoja v. Croatia, no. 53587/17

24/06/21

More severe sentence on the basis of untested witness evidence of significant weight (Article 6 §§ 1 and 3 (d) ).
Judgment


Hasáliková v. Slovakia, no. 39654/15

24/06/21

The defence rights of an accused with slight intellectual disability.
Judgment


Dijkhuizen v. the Netherlands, no. 61591/16

08/06/21

No appeal hearing via video link following "valid" waiver.
Judgment


Busuttil v. Malta, no. 48431/18

03/06/21

The legal presumption that a director is responsible for any act that the company is legally required to perform (Article 6 § 2).
Judgment


Kilin v. Russia, no. 10271/12

11/05/21

Safety consideration and the right to a public hearing on appeal.
Judgment | Legal Summary


Showing 1 to 50 of 91