Case Law

The Case Law database provides access to the case-law of the European Court of Human Rights (Grand Chamber, Chamber and Committee judgments, decisions, communicated cases, advisory opinions and legal summaries from the Case-Law Information Note), the European Commission of Human Rights (decisions and reports), the Committee of Ministers (resolutions), and the Court of Justice of the European Union.


CASE DATE:
Tuesday, 23 Jun 2015
STATE:
Romania
OUTCOME:
Violation of Article 6 - Right to a fair trial (Article 6-2 - Presumption of innocence)
  • SUBJECT MATTER:

    (Art. 6) Right to a fair trial (Art. 6-2) Presumption of innocence


    DETAIL:

    The applicant alleged, in particular, expressly or in substance a breach of his right to the presumption of innocence and his right to a fair trial guaranteed by Article 6 §§ 1 and 2 of the Convention, because the domestic courts dismissed his appeal against the prosecutor’s order declaring him guilty of the offences for which he had been indicted after the criminal proceedings initiated against him had been discontinued as time-barred. Moreover, the domestic courts endorsed the prosecutor’s order and confirmed his guilt by relying on the evidence available in the file, without retaining the case for examination and without adducing additional evidence. Furthermore, the length of the criminal proceedings initiated against him had been excessive.


    COURT:
    ECHR
    ARTICLE:
    6, 6-2

JUSTICIA European Rights Network