Vassilis Chirdaris
ECHR Judgments
By Article
1st P – Article 1
7th P – Article 1
The Defendant
Presumption of Innocence
Persons Category
Important Judgments
Dissenting Opinions
● Art. 6 – Par. 1
1st P. – Art. 1
7th P – Art. 1
Other Courts
International Level
Declaring part of a suspended prison sentence as served constituted sufficient redress for excessively long proceedings
Article 6 - Par. 1
JUDGMENT Chiarello v. Germany 20-06-2019 (no. 497/17) see here SUMMARY Exceeding the length of the criminal proceedings. The Court found that the applicant could no longer claim to have been a "victim" within the meaning of Article 34 of the Convention, given that part of the suspended prison sentence wascharacterised by the Court as a penalty. […]
Serious injury from car accident. Research on accident conditions. Archiving the case after thorough proceedings and full examination and recording of the evidence did not violate the right to life of the applicant.
JUDGMENT Nicolae Virgiliu Tănase v. Romania 25.06.2019 (no. 41720/13) see here SUMMARY Road traffic accident with severe body injuries. The applicant was involved in a road traffic accident when a moving car crashed heavily into the back of his car shunting it, into the back of a parked military lorry. He suffered serious injuries and […]
Protest against the felling of trees into a park and protestors' rights.
JUDGMENT Chernega and others v. Ukraine 18-06-2019 (no. 74768/10) see here SUMMARY A protest againstthe felling of trees in a public park to build a road. Allegations of violations of protesters' rights. State responsibility for acts of private guards recruited by a private company and coercing in the presence of the police. The ECtHR found […]
Judge in litigation against administrative courts! The refusal to examine proposed witnesses, the rejection of the requested oral hearing and the inadequate statement of reasons for the judgments violated the right to a fair trial.
JUDGMENT Bileski v. North Macedonia 06.06.2019 (no. 78392/14) see here SUMMARY Violation of the fair trial by the administrative courts. Reasoning of court judgments. Denial of examination of important witnesses. Dismissal of the oral hearing of the party. Alleged co-operation with the security services of the former Communist regime. In 2012, the Fact Verification Commission […]
Judge impartiality. Participation in court panel, which examined bank executives, a judge whose son was a legal advisor to the same bank, raises suspicions of a lack of impartiality. Failure to examine a witness that was not essential does not violate the fair trial.
JUDGMENT Sigurður Einarsson and others v. Iceland 04.06.19 (no. 39757/15) see here SUMMARY Impartiality ofJudge and fair trial. Not examination of witness that was not essential. The conditions for ensuring fair trial are, inter alia, the impartiality of the judge, access to evidence and the examination of witnesses. The applicants, senior executives at Kaupping Bank, […]
The Fillipino, the Consul and the disciplinary conviction. Failure to take account of all evidence by the Board of Directors renders the trial unfair.
JUDGMENT Loupas v. Greece 20-06-2019 (application no. 21268/16) see here SUMMARY Six months suspension of the General Consul in Geneva for not paying overtime to a Filipino national working in her residence. The Greek State provided evidence before the Swiss courts to prove that the Philippines was not a personal employee of the Consul, but […]
Gülelen and a secret extradition of five teachers from Moldova to Turkey because of alleged ties with the movement. Violation of the ECHR.
7th P - Article 1
JUDGMENT Ozdil and others v. The Republic of Moldova 11.06.2019 (no. 42305/18) see here SUMMARY Extradition of five Turkish professors who were wanted by the Turkish authorities for alleged ties to the Fethullah Gülen movement. The Court found in particular that the arrest of the applicants and the speed of their extradition from Moldova to Turkey […]
The fabricated robbery and the non-appointment of a lawyer in the police investigation. The Court was not persuaded of the existance of a ECHR violation.
JUDGMENT Farrugia v. Malta 04.06.2019 (no. 63041/13) see here SUMMARY Fabricated robbery. Police Prosecution without the presence of a lawyer. Following a robbery in his professional area, the applicant was questioned by the police, who suspected that the crime was based, in particular, on the allegations of one of his employees, namely that the applicant had […]
The reasoned rejection of a request of a prisoner convicted of terrorist acts for his transfer to a prison close to his family did not violate the right to respect for his family life
JUDGMENT Fraile Iturralde v. Spain 28.05.2019 (no. 66498/17) see here SUMMARY A prisoner convicted as a member of a terrorist organization for involvement in a terrorist act has asked to be transferred to a prison closer to his family. Refusal by the national authorities to carry it out. The Court found that the reasons for […]
The continuing case-law differentiation between the Chambers and the plenary session of the Council of State on the same subject violates the principle of legal certainty and fair trial
JUDGMENT Sine Tsaggarakis A.E.E. v. Greece 23-05-19 (no. 17257/13) see here SUMMARY The case concerned divergences between the case-law of the Fourth and Fifth Sections of the Greek Supreme Administrative Court and also between the plenary Supreme Administrative Court and its Fourth Section. The proceedings concerned an application for judicial review brought by the applicant […]
Rape, abduction and harassment of a woman from her former partner. Threats against her, cutting her car brakes with the purpose to kill and forced abortion. The Court has condemned the authorities' indifference to domestic violence. Unfair and degrading treatment of a woman.
The imposition of two sentences, administrative fine and imprisonment in different proceedings for the same offense violates the ne bis in idem principle
The criminal conviction of the President of Turkey's Human Rights Organisation for statements made on television violated his freedom of expression.
Mobile: (+30) 694 4307018
The European Court of Human Rights, based in Strasbourg (ECtHR), is the most important International Court of Human Rights with rich and interesting caselaw.
The goal of the ECHRCaseLaw online platform is:... Read More
Inter American Court of Human Rights
Human Rights Committee of the UN
Legal Council of the Hellenic State
Fill in your details in the form below to receive our news via email.
Address: Ainianos 8, ATHENS