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WyrokETPCz2013-02-18

Analiza orzeczenia

Sekcja wygenerowana przez AI na podstawie treści orzeczenia — nie stanowi cytatu.

Zagadnienie prawne
Komunikat prasowy zapowiada rozstrzygnięcia w sprawach dotyczących różnych zagadnień konwencyjnych, w tym: czy proces karny był rzetelny, zwłaszcza w kontekście dowodów z tajnej obserwacji i agentów prowokatorów oraz możliwości przesłuchania świadków; czy długość tymczasowego aresztowania i opieka medyczna były zgodne z Konwencją; czy państwo wywiązało się z obowiązków dotyczących ochrony własności w ramach programu obligacji; czy doszło do naruszenia prawa do życia, zakazu tortur i prawa do wolności w związku z zaginięciami oraz brakiem skutecznego śledztwa; oraz czy postępowania administracyjne i karne były rzetelne, w tym w zakresie przesłuchania świadków i publicznej rozprawy.
Stan faktyczny
Komunikat prasowy przedstawia streszczenia stanów faktycznych dla sześciu spraw. Dotyczą one m.in. skazania za handel narkotykami i konfiskaty mienia (Papadakis), tymczasowego aresztowania i opieki medycznej (Kowrygo), braku legislacji dotyczącej wypłat z programu obligacji państwowych (Fomin i Inni), zaginięcia osób podczas operacji wojskowej i braku śledztwa (Bozkir i Inni), skazania za odmowę poddania się badaniu alkomatem i niemożności przesłuchania świadka (Mesesnel), oraz postępowań za otwarcie baru poza godzinami urzędowania i zarzutów nierzetelności procesu (Milenovi).

Pełny tekst orzeczenia

issued by the Registrar of the Court ECHR 052 (2013) 18.02.2013 Forthcoming judgments The European Court of Human Rights will be notifying in writing four judgments on Tuesday 26 February 2013 and two on Thursday 28 February 2013. Press releases and texts of the judgments will be available at 10 a.m. (local time) on the Court's Internet site (www.echr.coe.int) Tuesday 26 February 2013 Papadakis v. "the former Yugoslav Republic of Macedonia" (application no. 50254/07) The applicant, Lampros Papadakis, is a Greek national who was born in 1959 and lives in Thessaloniki (Greece). In September 2006 he was found guilty of drug trafficking, sentenced to eight years' imprisonment and had his car, several mobile phones and SIM cards confiscated. His appeal was ultimately rejected by the Supreme Court in April 2007. Relying on Article 6 �� 1 and 3 (d) (right to a fair trial/right to obtain attendance and examination of witnesses) of the European Convention on Human Rights, Mr Papadakis makes a number of complaints about the unfairness of the criminal proceedings against him, and in particular that his conviction was based on evidence obtained using secret surveillance and undercover agents. He notably alleges that he (or his lawyer) was not allowed to confront and question in court one of the agents, who was involved as an agent provocateur in the undercover drug deal operation leading to his conviction and who was the main witness in the trial against him in June 2006. Further relying on Article 1 of Protocol No. 1 (protection of property), he also complains that he was ordered by the national courts to reimburse the storage costs for his car that had been seized. Kowrygo v. Poland (no. 6200/07) The applicant, Jerzy Kowrygo, is a Polish national who was born in 1953 and lives in Gliwice (Poland). He was arrested in April 2006 on drugs-related offences, convicted as charged in January 2008 and sentenced to five years' imprisonment. The case concerns Mr Kowrygo's complaint about the excessive length of his detention on remand as well as the inadequacy of the medical care for his heart problems during his detention. He relies on Article 3 (prohibition of inhuman or degrading treatment) and Article 5 � 3 (right to liberty and security) of the Convention. Fomin and Others v. Russia (no. 34703/04) The applicants, Aleksandr Fomin, Tamara Fomina, Tatyana Fomina, Yulia Fomina, and Olga Fomina are Russian nationals who were born in 1938, 1946, 1970, and 1976, respectively, and live in Magnitogorsk, Chelyabinsk Region (Russia). The case concerns the applicants' complaints about the Russian authorities' failure to legislate on the procedure for payments under the 1982 State premium loan bond scheme, recognised and guaranteed as part of the national debt. They rely on Article 1 of Protocol No. 1 (protection of property). Bozkir and Others v. Turkey (no. 24589/04) The applicants are 18 Turkish nationals who were born between 1933 and 1996 and live in Hakkari (south-east Turkey). The case concerns the disappearance of five of the applicants' close relatives, who worked as shepherds in the Hakkari mountains, during a military operation which took place in August 1996 after an armed clash between the PKK (The Kurdistan Workers' Party, an illegal organisation) and the military. The applicants allege that their relatives should by now be presumed dead and that it was the security forces who detained them and were responsible for their ensuing disappearance and death. They also complain about the authorities' failure to carry out any meaningful investigation into the disappearances. They rely in particular on Article 2 (right to life), Article 3 (prohibition of inhuman or degrading treatment), Article 5 � 1 (right to liberty and security) and Article 13 (right to an effective remedy). Thursday 28 February 2013 Mesesnel v. Slovenia (no. 22163/08) The applicant, Spela Mesesnel, is a Slovenian national who was born in 1979 and lives in Ljubljana. In July 2006 Ms Mesesnel was found guilty of a road traffic offence, namely of refusing to blow correctly into a breathalyser test when pulled over in her car in the early hours of the morning in September 2004 by a police officer. She was ordered to pay a fine and her driving licence was permanently confiscated. Relying on Article 6 �� 1 and 3 (d) (right to a fair trial / right to obtain attendance and examination of witnesses), she alleges that the proceedings against her were unfair as she was not given the opportunity to question the only witness in her case, the police officer, whose statement served as the decisive basis for her conviction. Milenovi v. Slovenia (no. 11411/11) The applicant, Goran Milenovi, is a Slovenian national who was born in 1968. He lives in Ankaran and owns a bar in Koper, in Slovenia. The case concerns two sets of proceedings brought against him for opening his bar outside statutory hours in 2007 and 2008 without requesting a licence. In both sets of proceedings he was found guilty of the offence and fined. Relying on Article 6 �� 1 and 3 (c) and (d) (right to a fair trial / right to legal assistance of own choosing / right to obtain attendance and examination of witnesses), Mr Milenovi complains in particular about the unfairness of the proceedings against him: firstly, because there was no public hearing in his case meaning neither he nor his two employees in the bar could be examined; and, secondly, because the courts' conclusions in those two sets of proceedings differed to those reached in a third set of proceedings where, despite the facts and arguments allegedly being identical, the local court quashed the decision against him for lack of information about the bar's registered opening hours. 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 here: www.echr.coe.int/RSS/en. Press contacts [email protected] | tel: +33 3 90 21 42 08 Tracey Turner-Tretz (tel: + 33 3 88 41 35 30) C�line 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. 3

© Rada Europy / Europejski Trybunał Praw Człowieka, źródło: HUDOC (hudoc.echr.coe.int), pozyskano 15.07.2026. · Źródło