ECHR Article 7
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ECHR Article 7
Article 7 of the European Convention on Human Rights sets limits on criminalisation, forbidding ''ex post facto'' criminalisation by signatory countries. Text Case law *Kokkinakis v. Greece (no violation found, 8:1) *Vassili Kononov (no violation found, 14:3) *Nikola Jorgic (no violation found, unanimously) *Nikolay Tess (2008 - decision on admissibility postponed) *Mykolas Burokevičius (no violation found, unanimously) *Handyside v United Kingdom ''Handyside v United Kingdom'' (5493/72) was a case decided by the European Court of Human Rights in 1976. Its conclusion contains the famous phrase that: Nevertheless, the court did not find for the applicant, who had been fined for publishing ... (no violation found) *Maktouf and Damjanović v. Bosnia and Herzegovina (2013; violation found, unanimously) Other judgements involving Article 7 * Ines Del Rio: Case of the Parot doctrine. Literature References {{Articles of the European Convention on Human Rights 7 ...
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European Convention On Human Rights
The European Convention on Human Rights (ECHR; formally the Convention for the Protection of Human Rights and Fundamental Freedoms) is an international convention to protect human rights and political freedoms in Europe. Drafted in 1950 by the then newly formed Council of Europe,The Council of Europe should not be confused with the Council of the European Union or the European Council. the convention entered into force on 3 September 1953. All Council of Europe member states are party to the Convention and new members are expected to ratify the convention at the earliest opportunity. The Convention established the European Court of Human Rights (generally referred to by the initials ECHR). Any person who feels their rights have been violated under the Convention by a state party can take a case to the Court. Judgments finding violations are binding on the States concerned and they are obliged to execute them. The Committee of Ministers of the Council of Europe monitors the ...
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Ex Post Facto Law
An ''ex post facto'' law (from ) is a law that retroactively changes the legal consequences (or status) of actions that were committed, or relationships that existed, before the enactment of the law. In criminal law, it may Criminalization, criminalize actions that were legal when committed; it may aggravate a crime by bringing it into a more severe category than it was in when it was committed; it may change the punishment prescribed for a crime, as by adding new penalties or extending sentences; or it may alter the rules of evidence in order to make conviction for a crime likelier than it would have been when the deed was committed. Conversely, a form of ''ex post facto'' law commonly called an amnesty law may decriminalize certain acts. (Alternatively, rather than redefining the relevant acts as non-criminal, it may simply prohibit prosecution; or it may enact that there is to be no punishment, but leave the underlying conviction technically unaltered.) A pardon has a similar ...
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Kokkinakis V
Kokkinakis ( el, Κοκκινάκης), feminine form Kokkinaki (Κοκκινάκη), is a Greek surname. It can refer to: * Eirini Kokkinaki (born 1996), Greek volleyball player * Konstantin Kokkinaki (1910–1990), Soviet test pilot * Konstantinos Kokkinakis (born 1975), Greek water polo player * Menelaos Kokkinakis (born 1993), Greek volleyball player * Thanasi Kokkinakis (born 1996), Australian tennis player * Vladimir Kokkinaki Vladimir Konstantinovich Kokkinaki (russian: Владимир Константинович Коккинаки; – 6 January 1985) was a test pilot in the Soviet Union, notable for setting twenty-two world records and serving as president of the ... (1904–1985), Soviet test pilot, brother of Konstantin {{surname Greek-language surnames Surnames ...
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Vassili Kononov
Vassili Makarovich Kononov or Vasiliy Makarovich Kononov (russian: Василий Макарович Кононов, lv, Vasilijs Kononovs; 1 January 192331 March 2011) was a Soviet partisan during World War II, who was convicted by Latvian supreme court as a war criminal."CASE OF KONONOV v. LATVIA"
European Court of Human Rights. 17 May 2010. Retrieved 18 May 2010.
He is the only former Soviet partisan convicted of crimes against humanity. Kononov was convicted for his role in three deaths in Mazie Bati, a Latvian village where local inhabitants had denounced alleged partisans who were then killed by German tro ...
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Nikola Jorgic
Nikola () is a given name which, like Nicholas, is a version of the Greek ''Nikolaos'' (Νικόλαος). It is common as a masculine given name in the South Slavic countries (Bosnia and Herzegovina, Bulgaria, Croatia, North Macedonia, Montenegro, Serbia), while in West Slavic countries (Czech Republic, Poland, Slovakia) it is primarily found as a feminine given name. There is a wide variety of male diminutives of the name, examples including: Niko, Nikolica, Nidžo, Nikolče, Nikša, Nikica, Nikulitsa, Nino, Kole, Kolyo, Kolyu. The spelling with K, Nikola, reflects romanization of the Cyrillic spelling, while Nicola reflects Italian usage. Statistics *Serbia: male name. 5th most popular in 2011, 1st in 2001, 1st in 1991, 5th in 1981, 9th pre-1940. *Croatia: male name. 32,304 (2011). *Bosnia and Herzegovina: male name. *Bulgaria: male name. * North Macedonia: male name. *Czech Republic: 22,567 females and 740 males (2002). *Poland: female name. *Slovakia: female name. People ...
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Nikolay Tess
Nikolay Tess ( lv, Nikolajs Tess, russian: Николай Тэсс; 1921 – December 7, 2006 in Riga, Latvia) was one of the few functionaries in charge of political repressions in the former Soviet Union who were convicted for this activity. Nikolajs Tess, a former operative (russian: оперативный уполномоченный) of Ministry for State Security, a citizen of Russia, was the 10th Soviet official (and second Russian citizen) charged in Latvia under the Criminal Law Article 68.1, crimes against humanity, in relation to mass deportations from Latvia in 1941-1949. Tess was charged for his role in deportations of March 25, 1949. According to the indictment made in March 2001, "Tess compiled and signed an order to deport 42 families, 138 people, to forced settlement in remote parts of the Soviet Union. There were 14 children among the deported." He was found guilty on December 16, 2003 and sentenced to 2 years of suspended imprisonment after a lengthy process ...
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Mykolas Burokevičius
Mykolas Burokevičius (7 October 1927 – 20 January 2016) was a communist political leader in Lithuania. After the Communist Party of Lithuania separated from the Communist Party of the Soviet Union (CPSU), he established alternative pro-CPSU Communist Party of Lithuania in early 1990, and led it as the First Secretary of Central Committee until its ban in 1991. He was the only Lithuanian to serve in the Politburo of the CPSU Central Committee, and did so from 1990 until its ban in 1991. Biography He was born in Alytus, Lithuania in 1927. In 1942, a young Burokevičius was employed as a carpenter and a machinist at a plant in Udmurtia. In 1944 he became a member of the Lithuanian Communist Party where he worked as a chief of department and instructor. He graduated from the Vilnius Pedagogical Institute (now the Lithuanian University of Educational Sciences) in 1955 and the Lithuanian Academy of Sciences in 1963. In 1963 he became a research fellow at the Institute of the Hist ...
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Handyside V United Kingdom
''Handyside v United Kingdom'' (5493/72) was a case decided by the European Court of Human Rights in 1976. Its conclusion contains the famous phrase that: Nevertheless, the court did not find for the applicant, who had been fined for publishing a book deemed to be obscene. Facts Richard Handyside, proprietor of "Stage 1" publishers, purchased British rights of ''The Little Red Schoolbook'', written by Søren Hansen and Jesper Jensen and published, as of 1976, in Denmark, Belgium, Finland, France, West Germany, Greece, Iceland, Italy, the Netherlands, Norway, Sweden, and Switzerland, as well as several non-European countries. Its chapter on pupils contained a 26-page section concerning "Sex". Handyside sent out several hundred review copies of the book, together with a press release, to a selection of publications from national and local newspapers to educational and medical journals. He also placed advertisements for the book. The book became subject of extensive press comment, ...
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Inés Del Río Prada
Inés del Río Prada (born 2 September 1958) is a Spaniard convicted of terrorist offences. She was born in Tafalla, Navarra, in the north of Spain. She was a member of Euskadi Ta Askatasuna (ETA), which seeks to gain independence of the Basque country from Spain and from France through the use of politically motivated violence. In July 1987 she was sentenced to 3828 years of imprisonment after being convicted for committing 24 murders and assorted acts of terrorism. Parot doctrine As calculated according to the rules of the Spanish Criminal Code of 1973, her release from prison should have occurred in 2008. Her case was reviewed in accordance with the retroactive application of the Parot doctrine, which allowed her release to be postponed until 2017. The prisoner first appealed the review of her conviction by the Supreme Court of Spain to the ultimate domestic authority, which is the Constitutional Court of Spain, who upheld the review decision to lengthen her term of impri ...
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Parot Doctrine
The Parot doctrine (Spanish: doctrina Parot) refers to a 2006 Spanish Supreme Court decision to deny persons convicted of serious crimes specific rights that are granted by Spanish law that limit or reduce the maximum term of imprisonment. Law Spain is a member of the European Union and so may not change the application of lawful penalty after the crime has been committed, the regulation that the Supreme Court breached. Article 70 of the Spanish Criminal Code of 1973 prescribed a maximum length of physical imprisonment of up to 30 years (there is no sentencing limit), and Henri "Unai" Parot was sentenced to a total of 4,797 years. This 30-year maximum could be further reduced by good behaviour and participation in rehabilitative measures such as work and study. The central argument of that piece of legislation was that denying prisoners at least some hope of release was cruel and unusual punishment and likely to cause the offender to become violent and unmanageable. In later yea ...
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Article 7 Of The European Convention On Human Rights
Article 7 of the European Convention on Human Rights sets limits on criminalisation, forbidding ''ex post facto'' criminalisation by signatory countries. Text Case law *Kokkinakis v. Greece (no violation found, 8:1) * Vassili Kononov (no violation found, 14:3) *Nikola Jorgic (no violation found, unanimously) * Nikolay Tess (2008 - decision on admissibility postponed) *Mykolas Burokevičius (no violation found, unanimously) *Handyside v United Kingdom ''Handyside v United Kingdom'' (5493/72) was a case decided by the European Court of Human Rights in 1976. Its conclusion contains the famous phrase that: Nevertheless, the court did not find for the applicant, who had been fined for publishing ... (no violation found) *Maktouf and Damjanović v. Bosnia and Herzegovina (2013; violation found, unanimously) Other judgements involving Article 7 * Ines Del Rio: Case of the Parot doctrine. Literature References {{Articles of the European Convention on Human Rights 7 ...
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