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WyrokETPCz2024-06-06
Analiza orzeczenia
Sekcja wygenerowana przez AI na podstawie treści orzeczenia — nie stanowi cytatu.
Zagadnienie prawne
Czy krajowe postępowanie sądowe dotyczące odzyskania oszczędności z zlikwidowanego banku, w którym odpowiedzialność za zwrot depozytów przypisano jedynie osobom skazanym za defraudację, a nie bankowi, naruszyło prawo do rzetelnego procesu z art. 6 ust. 1 Konwencji?Ratio decidendi
Trybunał stwierdził naruszenie art. 6 ust. 1 Konwencji, uznając, że krajowe sądy niesprawiedliwie rozpatrzyły sprawy skarżących dotyczące odzyskania oszczędności. Niesprawiedliwość polegała w szczególności na tym, że sądy uznały, iż jedynie osoby skazane w postępowaniu o defraudację były odpowiedzialne za zwrot depozytów, a nie sam bank.Stan faktyczny
Szesnastu obywateli Azerbejdżanu złożyło oszczędności w prywatnym banku w Baku przed 2008 rokiem. Środki te zostały zdefraudowane przez kierownictwo i pracowników banku, który następnie został zlikwidowany. Skarżący nie byli w stanie odzyskać swoich oszczędności, a krajowe sądy uznały, że odpowiedzialność za zwrot depozytów spoczywa wyłącznie na osobach skazanych za defraudację, a nie na banku.Rozstrzygnięcie
Stwierdza naruszenie art. 6 ust. 1 Konwencji. Zasądza 4 000 EUR każdemu skarżącemu tytułem szkody niemajątkowej oraz 2 000 EUR łącznie na pokrycie kosztów i wydatków.Pełny tekst orzeczenia
issued by the Registrar of the Court
ECHR 143 (2024)
06.06.2024
Judgments and decisions of 6 June 2024
The European Court of Human Rights has today notified in writing 32 judgments1 and 55 decisions2:
three Chamber judgments are summarised below;
a separate press release has been issued for a Chamber judgment in the case of Bersheda and
Rybolovlev v. Monaco (applications nos. 36559/19 and 36570/19); Committee judgments, concerning issues which have already been examined by the Court, and
the 55 decisions, can be consulted on Hudoc and does not appear in this press release.
The judgment in French below is indicated with an asterisk (*).
Abbasali Ahmadov and Others v. Azerbaijan (application nos. 46579/14,
46596/14, and 58873/14)
The applicants are 16 Azerbaijani nationals who all live in Azerbaijan, either in Shirvan or Baku.
The case mainly concerns the applicants’ complaints that they could not recover savings they had
deposited in a private bank in Baku before 2008 which had been embezzled by the head of the bank
and other staff members. The bank was subsequently liquidated.
Relying on Article 6 § 1 (right to a fair trial) of the European Convention on Human Rights and Article of Protocol No. 1 (protection of property) to the European Convention, the applicants allege that
the domestic courts’ examination of the cases seeking to recover their money was unfair, in
particular because they held that only the individuals who had been convicted in the embezzlement
proceedings were liable to repay the deposits, and not the bank.
Violation of Article 6 § 1
Just satisfaction:
non-pecuniary damage: 4,000 euros (EUR) to each applicant
costs and expenses: EUR 2,000 to the applicants jointly
Cramesteter v. Italy (no. 19358/17)*
The applicant, Fabio Cramesteter, is an Italian national who was born in 1970. He is currently in
detention in Florence Prison (Italy) for offences unrelated to the present case.
He complains that he was kept in a psychiatric facility beyond the time-limits allowed under a
domestic law that was enacted after the measure imposed on him had been decided.
Under Articles 43 and 44 of the Convention, Chamber judgments are not final. During the three-month period following a Chamber
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
Inadmissibility and strike-out decisions are final.
In 2003 the applicant was convicted at first instance on charges of illegal possession of weapons and
handling stolen goods. Subsequently, in 2004, the Court of Appeal acquitted him on the grounds
that, at the time when the offences were committed, he was incapable of understanding the
wrongful nature of his acts and of forming the intent to commit them. Since it considered him
dangerous, the court nevertheless placed him in preventive detention for an initial term of two
years. This measure was extended until 26 October 2016, at which time the Florence District Court,
acting as sentence-execution judge, found that the maximum term set by Law no. 81/2014 had
elapsed and ordered the applicant’s immediate release. This law, which came into force on 1 June
2014, provides that the maximum term for preventive measures involving a restriction of personal
liberty is equal to the maximum term of the sentence applicable in the event of conviction.
Relying on Article 5 §§ 1 and 3 (right to liberty and security) of the Convention, the applicant
complains that he was unlawfully imprisoned as of 28 February 2015, the date that he alleges
corresponded, in his case, to the expiry of the maximum term for preventive detention measures
introduced by Law no. 81/2014. He further complains that he was unable to obtain redress for the
unlawful detention to which he claims he was subjected, despite having brought an action in the
domestic courts on the basis of Article 314 of the Code of Criminal Procedure, which the courts
dismissed.
Violation of Article 5 § 1
Violation of Article 5 § 5
Just satisfaction:
non-pecuniary damage: EUR 8,000
L.T. v. Ukraine (no. 13459/15)
The applicant, Ms L.T., is a Ukrainian national who was born in 1982 and lives in Poltava (Ukraine).
The case concerns criminal proceedings against Ms L.T. which led to a decision to commit her to a
psychiatric facility. In particular, she was accused of assaulting a woman in the street. The courts
convicted her in July 2014 of inflicting bodily harm, but found that she was not responsible for the
offence and ordered her involuntary medical treatment.
Relying on Article 6 §§ 1 and 3 (c) (right to a fair trial/right to legal assistance), Ms L.T. alleges that
the criminal proceedings against her were unfair because she had been excluded from her trial and
denied access to the case file and the State-appointed lawyers who had represented her had been
manifestly passive, with one of them openly supporting the prosecutor’s position. She alleges
moreover that, as a person subject to court-ordered medical treatment, the only possibility for her
to appeal the ruling of the criminal against her had been through her defence counsel, who had
failed to do so.
She also relies on Article 5 (right to liberty and security) and Article 2 of Protocol No. 7 (right of
appeal in criminal matters).
Violation of Article 6 §§ 1 and 3 (c)
Just satisfaction:
non-pecuniary damage: EUR 5,400
costs and expenses: EUR 3,800
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
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We are happy to receive journalists’ enquiries via either email or telephone.
Tracey Turner-Tretz (tel.: + 33 3 88 41 35 30)
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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 13.07.2026. · Źródło