003-4010927-4673525
WyrokETPCz2012-07-05
Analiza orzeczenia
Sekcja wygenerowana przez AI na podstawie treści orzeczenia — nie stanowi cytatu.
Zagadnienie prawne
Czy odmowa sporządzenia kasacji przez adwokata z urzędu naruszyła prawo skarżącego do rzetelnego procesu i pomocy prawnej z art. 6 ust. 1 w związku z art. 6 ust. 3 lit. c Konwencji?Stan faktyczny
Skarżący został uznany za winnego zabójstwa w czerwcu 2005 roku. Skarżył się, że adwokat z urzędu, przydzielony do jego sprawy, odmówił sporządzenia apelacji kasacyjnej.Rozstrzygnięcie
Stwierdza naruszenie art. 6 ust. 1 w związku z art. 6 ust. 3 lit. c Konwencji.Pełny tekst orzeczenia
issued by the Registrar of the Court
ECHR 286 (2012)
05.07.2012
Judgments concerning Bulgaria, France, Poland and Ukraine
The European Court of Human Rights has today notified in writing the following five
judgments, of which two (in italics) are Committee judgments and are final. The others
are Chamber judgments1 and are not final.
Repetitive cases2 and length-of-proceedings cases, with the Court’s main finding
indicated, can be found at the end of the press release. The judgments in French are
indicated with an asterisk (*).
Just satisfaction
Association Les Témoins de Jehovah v. France (application
no. 8916/05)*
The applicant is the French association “Les Témoins de Jéhovah”. By a judgment of 30
June 2011 the Court held that there had been a violation of Article 9 (freedom of
thought, conscience and religion) concerning the taxation of hand-to-hand gifts received
by the association between 1993 and 1996. Today’s judgment concerned the question of
just satisfaction (Article 41).
The Court held that France is to reimburse the applicant association 4,590,295 euros
(EUR) for the taxes unduly paid and EUR 55,000 for costs and expenses.
Globa v. Ukraine (no. 15729/07)
The applicant, Ivan Globa, is a Ukrainian national who was born in 1949 and lives in
Kulikove (Poltava Region, Ukraine). Relying in particular on Article 6 (right to a fair trial
within a reasonable time), he complained about the excessive length of proceedings in a
dispute over tenancy of a flat to which he had been entitled as an employee of a farming
collective and that the resulting final judgment in his favour of March 1999 had never
been enforced.
Violation of Article 6 § 1
Just satisfaction: EUR 5,000 (non-pecuniary damage).
Golovan v. Ukraine (no. 41716/06)
The applicants, Igor and Iryna Golovan, husband and wife, are Ukrainian nationals who
were born in 1968 and 1965 respectively and live in Donetsk (Ukraine). Igor Golovan is
Under Articles 43 and 44 of the Convention, Chamber judgments are not final. During the three-month
period following a judgment’s delivery, any party may request that the case be referred to the Grand Chamber
of the Court. If such a request is made, a panel of five judges considers whether the case deserves further
examination. In that event, the Grand Chamber will hear the case and deliver a final judgment. If the referral
request is refused, the Chamber judgment will become final on that day. Under Article 28 of the Convention,
judgments delivered by a Committee are final.
Once a judgment becomes final, it is transmitted to the Committee of Ministers of the Council of Europe for
supervision of its execution. Further information about the execution process can be found here:
www.coe.int/t/dghl/monitoring/execution
In which the Court has reached the same findings as in similar cases raising the same issues under the
Convention.
a practising lawyer. The case concerned the couple’s complaint about a search carried
out in their flat, which Igor Golovan used as his office, in May 2005 and the seizure of
documents concerning one of his clients who had been investigated for tax evasion and
forgery. They relied on Article 8 (right to respect for private and family life and home)
and Article 13 (right to an effective remedy).
Violation of Article 8 - in respect of Igor Golovan
Violation of Article 13 - in respect of Igor Golovan
Just satisfaction: EUR 10,000 (non-pecuniary damage)
Repetitive cases
The following cases raise issues which have already been submitted to the Court.
Szubert v. Poland (no. 22183/06)
Found guilty of manslaughter in June 2005, the applicant complained that the legal-aid
lawyer assigned to his case had refused to draft a cassation appeal. He relied on Article 6
§§ 1 and 3 (c) (right to a fair trial).
Violation of Article 6 § 1 in conjunction with Article 6 § 3 (c)
Length-of-proceedings cases
In the following case, the applicant complained in particular under Article 6 § 1 (right to
a fair hearing within a reasonable time) about the excessive length of (non-criminal)
proceedings.
Ivanov v. Bulgaria (no. 41140/05)
Violation of Article 6 § 1
This press release is a document produced by the Registry. It does not bind the Court.
Decisions, judgments and further information about the Court can be found on
www.echr.coe.int. To receive the Court’s press releases, please subscribe to the
www.echr.coe.int/RSS/en.
Press contacts
[email protected]e.int | tel: +33 3 90 21 42 08
Tracey Turner-Tretz (tel: + 33 3 88 41 35 30)
Kristina Pencheva-Malinowski (tel: + 33 3 88 41 35 70)
Céline Menu-Lange (tel: + 33 3 90 21 58 77)
Nina Salomon (tel: + 33 3 90 21 49 79)
Denis Lambert (tel: + 33 3 90 21 41 09)
The European Court of Human Rights was set up in Strasbourg by the Council of
Europe Member States in 1959 to deal with alleged violations of the 1950 European
Convention on Human Rights.
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© Rada Europy / Europejski Trybunał Praw Człowieka, źródło: HUDOC (hudoc.echr.coe.int), pozyskano 15.07.2026. · Źródło