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Article 7 Of The European Convention On Human Rights
Article 7 of the 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 a Supranational law, supranational convention to protect human rights and political freedoms in Europe. Draf ... sets limits on criminalisation, forbidding ''ex post facto'' criminalisation by signatory countries. Text Case law *'' Handyside v United Kingdom'' (1976; no violation found, 13–1) *'' Kokkinakis v. Greece'' (1993; no violation found, 8:1) * Nikola Jorgić (2007; application ruled partly inadmissible and no violation found, unanimously) * Mykolas Burokevičius (2008; no violation found, unanimously) * Vassili Kononov (2010; no violation found, 14:3) *''Maktouf and Damjanović v. Bosnia and Herzegovina'' (2013; violation found, unanimously) * Nikolay Tess (2014; application ruled inadmissible, unanimously) Other judgements involving Article 7 * Ines Del Rio: case of the Parot ...
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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 a Supranational law, supranational convention to protect human rights and political freedoms in Europe. Drafted in 1950 by the 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 Member states of the Council of Europe, 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 ECtHR). 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 o ...
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Ex Post Facto Law
An ''ex post facto'' law 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 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; it may extend the statute of limitations; 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'' 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 ...
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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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Kokkinakis V
Kokkinakis (), feminine form Kokkinaki (), is a Greek surname. In Russia, Kokkinaki is also a masculine surname. Notable people with the surname include: * Dimitrios Kokkinakis * Eirini Kokkinaki (born 1996), Greek volleyball player * Konstantinos Kokkinakis (born 1975), Greek water polo player * Menelaos Kokkinakis (born 1993), Greek volleyball player * Minos Kokkinakis, Greek member of Jehovah's Witnesses notable for his clashes with Greece's ban on proselytism * Thanasi Kokkinakis (born 1996), Australian tennis player See also * * {{surname Greek-language surnames ...
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Nikola Jorgić
Nikola Jorgić (1946 – 8 June 2014) was a Bosnian Serb from the Doboj region who was a soldier of a paramilitary group located in his native area. On 26 September 1997, he was convicted of genocide in Germany. This was the first conviction won against participants in the Bosnian Genocide. Jorgić was sentenced to four terms of life imprisonment for his involvement in the Bosnian genocide. Background The found that the paramilitary group had joined in the Bosnian Serb government's activities. Jorgić, who had been a resident of Germany from May 1969 until 1992, was responsible for multiple crimes. Among his actions was the massacre in Grabska, where 22 villagers – including the elderly and disabled – were executed before the rest of the villagers were expelled. He was also deemed responsible for the death of seven villagers in Sevarlije. His appeal following his conviction was rejected by the Federal Court of Justice (the federal supreme court) on 30 April 1999. The court s ...
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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 Vytautas Magnus University Education Academy) in 1955 and the Lithuanian Academy of Sciences in 1963. In 1963 he became a research fellow at the Institute of the Hi ...
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Vassili Kononov
Vassili Makarovich Kononov or Vasiliy Makarovich Kononov (, ; 1 January 192331 March 2011) was a Soviet partisan during World War II, who was convicted by the Supreme Court of Latvia 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 . 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 troops. A short time later Kononov led a ...
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Nikolay Tess
Nikolay Vladimirovich Tess (, ; 1921 – December 7, 2006) was one of the few functionaries in charge of political repressions in the former Soviet Union who were convicted for this activity. Biography Tess joined the Latvian division of the NKVD in May 1945, having previously seen combat during both the Winter War and World War II. In 1949 he took part in the deportation program known as Operation Priboi, which saw tens of thousands of people deported from the Baltic states to inhospitable areas of Siberia. Tess, by now an agent of the Ministry of State Security, signed documents for the deportation of 138 people. At least eleven of the people deported died in exile. Latvia gained independence from the Soviet Union in 1991. In 1998 Latvian authorities began investigating Tess' role in the deportations, and in March 2001 he was formally charged with genocide and crimes against humanity. Tess did not consider himself guilty, claiming that he was acting in the capacity for only 2 mo ...
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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 impris ...
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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. The European Court of Human Rights ruled its application to be a violation of Articles 5 and 7 of the European Convention on Human Rights. 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 prisone ...
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Article 7 Of The European Convention On Human Rights
Article 7 of the 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 a Supranational law, supranational convention to protect human rights and political freedoms in Europe. Draf ... sets limits on criminalisation, forbidding ''ex post facto'' criminalisation by signatory countries. Text Case law *'' Handyside v United Kingdom'' (1976; no violation found, 13–1) *'' Kokkinakis v. Greece'' (1993; no violation found, 8:1) * Nikola Jorgić (2007; application ruled partly inadmissible and no violation found, unanimously) * Mykolas Burokevičius (2008; no violation found, unanimously) * Vassili Kononov (2010; no violation found, 14:3) *''Maktouf and Damjanović v. Bosnia and Herzegovina'' (2013; violation found, unanimously) * Nikolay Tess (2014; application ruled inadmissible, unanimously) Other judgements involving Article 7 * Ines Del Rio: case of the Parot ...
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