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European Court of Human Rights: Violation of the right not to be tried twice for the same offence and breach of the presumption of innocence in cases involving accusations of smuggling

10 June 2016

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"In today’s Chamber judgment in the case of Sismanidis and Sitaridis v. Greece (applications nos. 66602/09 and 71879/12) the European Court of Human Rights held, unanimously, that there had been:

a violation of Article 4 of Protocol No. 7 (right not to be tried or punished twice) to the European Convention on Human Rights as regards Mr Sismanidis, and

a violation of Article 6 §§ 1 and 2 (right to a fair hearing within a reasonable time and presumption of innocence) of the Convention as regards Mr Sitaridis.

The case concerned the institution of proceedings against each of the applicants for smuggling despite the fact that the criminal courts had already irrevocably acquitted them of the same offence."

See the full text: Violation of the right not to be tried twice for the same offence and breach of the presumption of innocence in cases involving accusations of smuggling (pdf)

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