KOROBOV v. RUSSIA - 60677/10 (Judgment : Right to a fair trial : Third Section Committee) French Text [2019] ECHR 806 (12 November 2019)

KOROBOV v. RUSSIA - 60677/10 (Judgment : Right to a fair trial : Third Section Committee) French Text [2019] ECHR 806 (12 November 2019)

The Court found that the investigator's article of 26 October 2005, by presenting the applicant's guilt as definitively established before the conviction became final, violated the applicant's right to be presumed innocent under Article 6 § 2 of the Convention.

Source-derived case information.

Citation
[2019] ECHR 806
Parties
Applicant: Vladimir Vyacheslavovich Korobov; Respondent: Fédération de Russie
Jurisdiction
European Union
Procedural Posture
Application Under Article 34 ECHR / Judgment on Merits
Outcome
Violation of Article 6 § 2 ECHR found; just satisfaction awarded.
Legal Topics
Presumption of Innocence, Right to a Fair Trial, Freedom of Expression, Defamation, Appeal Procedures
Human Rights Law Criminal Law Presumption of Innocence Right to a Fair Trial Freedom of Expression Defamation Appeal Procedures

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Parties

Vladimir Vyacheslavovich Korobov

Applicant

Fédération de Russie

Respondent

Procedural Posture

Application Under Article 34 ECHR / Judgment on Merits

  1. 1 Whether the publication of articles by a state investigator violated the applicant's right to be presumed innocent under Article 6 § 2 of the Convention

Ratio Decidendi

The Court found that the investigator's article of 26 October 2005, by presenting the applicant's guilt as definitively established before the conviction became final, violated the applicant's right to be presumed innocent under Article 6 § 2 of the Convention.

Court Disposition

Violation of Article 6 § 2 ECHR found; just satisfaction awarded.

Orders

  • The respondent State must pay the applicant 2,000 EUR for non-pecuniary damage within three months, plus any tax that may be chargeable, to be converted into the currency of the respondent State at the rate applicable at the date of settlement.
  • From the expiry of the three-month period until settlement, simple interest at a rate equal to the marginal lending facility rate of the European Central Bank plus three percentage points is to be applied.