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WyrokETPCz2024-02-28

Analiza orzeczenia

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

Zagadnienie prawne
Czy postępowanie karne przeciwko skarżącemu, prowadzące do wyroku dożywocia za morderstwo, było niesprawiedliwe z powodu zmiany kwalifikacji zarzutów, ograniczeń w dostępie do adwokata, wykorzystania dowodów bez obecności adwokata oraz sposobu przeprowadzenia okazania, naruszając art. 6 ust. 1 i 3 Konwencji?
Stan faktyczny
Skarżący, Durim Leka, obywatel Albanii, został aresztowany w 2005 roku na podstawie tajnych nagrań rozmów w komisariacie policji w związku z morderstwem. Początkowo oskarżony o dwa morderstwa i nielegalne posiadanie broni, zarzuty zmieniono na rozbój ze skutkiem śmiertelnym i usiłowanie zabójstwa. Ostateczna decyzja w sprawie zapadła przed Sądem Konstytucyjnym w 2009 roku. Obecnie odbywa karę dożywocia w Albanii.

Pełny tekst orzeczenia

issued by the Registrar of the Court ECHR 049 (2024) 28.02.2024 Forthcoming judgments and decisions The European Court of Human Rights will be notifying in writing five judgments on Tuesday 5 March 2024 and 17 judgments and / or decisions on Thursday 7 March 2024. Press releases and texts of the judgments and decisions will be available at 10 a.m. (local time) on the Court's Internet site (www.echr.coe.int). Tuesday 5 March 2024 Leka v. Albania (application no. 60569/09) The applicant, Durim Leka, is an Albanian national who was born in 1983. He is currently serving a life sentence in a high-security prison in Albania. In 2005 Mr Leka was arrested, on the basis of secret recordings of his conversations in a police station with his brother, for the murder of a man in Shijan Saranda. The case concerns the trial that followed. He was initially indicted for two murders and illegal possession of firearms and ammunition, but the murder charges were later changed to robbery resulting in death and attempted murder following a request by the prosecution. The final decision in the case was by the Constitutional Court in 2009. Relying on Article 6 �� 1 and 3 (a), (b) and (c) (right to a fair trial) of the European Convention on Human Rights, Mr Leka complains that the proceedings against him were unfair owing to the recharacterisation of the charges, of restrictions on access to counsel, the alleged use of evidence given without a lawyer present, and of how an identity parade was carried out. F�deration der Aleviten Gemeinden in �sterreich v. Austria (no. 64220/19) The applicant, F�deration der Aleviten Gemeinden in �sterreich, is an association registered in Austria. It is the umbrella body for several Alevi cultural associations in Austria. The case concerns the authorities' refusal to register the applicant association as a religious community, mainly owing to similarities in its statutes with another religious group that had applied for registration around the same time. Relying on Articles 6 (right to a fair trial) and 9 (freedom of thought, conscience and religion) of the European Convention, the applicant association complains of the refusal to register it as a religious community, of having been denied a fair opportunity to apply for registration, and that the court proceedings had been overly long. Boskoevi v. Serbia (no. 37364/10) The applicant, Milivoje Boskoevi, is a Serbian national who was born in 1952 and lives in Strpce (Kosovo*). Mr Boskoevi was employed as a driver with the Sar Mountains National Park (Javno preduzee Nacionalni park Sar planina), a statutory corporation, until he retired in 2017. The case concerns the non-enforcement of a judgment in his favour in 2009 in respect of a claim over his salary. Relying on Article 6 � 1 (right to a fair trial) of the Convention, the applicant complains in particular that he had been obliged to sign an agreement with his employer withdrawing his application for enforcement of the judgment in his favour in order to be paid the outstanding wages owed to him. He alleges that the agreement was therefore against his will and that Serbia was liable because his employer was a governmental organisation. Also relying on Article 34 (right of individual application), he alleges that shortly after lodging his application with the European Court in 2010 the managing director of the national park sent him a letter warning him that he had breached his duties and that he risked dismissal. * All reference to Kosovo, whether to the territory, institutions or population, shall be understood in full compliance with United Nations Security Council Resolution 1244 and without prejudice to the status of Kosovo Thursday 7 March 2024 Vagdalt v. Hungary (no. 9525/19) The applicant, Istv�n Vagdalt, is a Hungarian national who was born in 1961 and lives in R�pcelak (Hungary). The case concerns the applicant's inability to be recognised as the father of his daughter. The mother's husband was registered as the child's father, but a DNA test revealed that the applicant was the biological father of the child. The national authorities found that proceedings with a view to settling the child's family status were in the child's best interest, but none were concluded due to mistakes made by the domestic authorities. Subsequently, any paternity challenge became timebarred, depriving the applicant of any possibility to establish a legal relationship with his daughter. Relying on Article 8 (right to respect for private and family life), the applicant complains that he was not able to have his paternity recognised because the national authorities had been inefficient in conducting the proceedings. The Court will give its rulings in writing on the following cases, some of which concern issues which have already been submitted to the Court, including excessive length of proceedings. These rulings can be consulted from the day of their delivery on the Court's online database HUDOC. They will not appear in the press release issued on that day. Tuesday 5 March 2024 Name Iliria S.R.L. v. Albania Jella and Others v. Albania Main application number 31011/09 7564/07 Thursday 7 March 2024 Name Ismayilov v. Azerbaijan Mammadov v. Azerbaijan Damyanov v. Bulgaria Yankov and Others v. Bulgaria L.F. v. France �.CS. and Others v. Hungary N�meth v. Hungary Sol.In.Mus. S.r.l. and Others v. Italy Main application number 34133/17 13928/15 9307/17 10599/14 3866/20 66078/17 46622/21 6656/15 Name Dbowska and Others v. Poland Borodin and Others v. Russia Gorbenko and Others v. Russia Klimov and Others v. Russia Olshanov and Others v. Russia Petrov and Others v. Russia Zhdanov and Others v. Russia Horne v. the United Kingdom Main application number 1752/14 50067/18 8461/20 37487/19 71114/17 2523/21 12166/19 34392/21 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 or follow us on Twitter @ECHR_CEDH. Press contacts [email protected] | tel.: +33 3 90 21 42 08 We would encourage journalists to send their enquiries via email. Tracey Turner-Tretz (tel.: + 33 3 88 41 35 30) Denis Lambert (tel.: + 33 3 90 21 41 09) Inci Ertekin (tel.: + 33 3 90 21 55 30) Neil Connolly (tel.: + 33 3 90 21 48 05) Jane Swift (tel.: + 33 3 88 41 29 04) 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 14.07.2026. · Źródło