MALEK v. POLAND - 9919/11 (Judgment : Violation of Right to a fair trial (Presumption of innocence)) French Text [2018] ECHR 48 (11 January 2018)

MALEK v. POLAND - 9919/11 (Judgment : Violation of Right to a fair trial (Presumption of innocence)) French Text [2018] ECHR 48 (11 January 2018)

The Court found that the statements by the Lublin Court of Appeal, particularly the assertion that the applicant had committed the offences, constituted an inadmissible declaration of guilt at the preliminary stage, violating the presumption of innocence under Article 6 § 2 ECHR.

Source-derived case information.

Citation
[2018] ECHR 48
Parties
Applicant: Wojciech Michał Małek; Respondent: Republic of Poland
Jurisdiction
European Union
Procedural Posture
Application Under Article 34 ECHR / Final Judgment
Outcome
violation found
Legal Topics
Presumption of Innocence, Right to a Fair Trial
Human Rights Criminal Law Presumption of Innocence Right to a Fair Trial

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Downloadable case file Legal principles 5 Authorities cited 14 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Wojciech Michał Małek

Applicant

Republic of Poland

Respondent

Procedural Posture

Application Under Article 34 ECHR / Final Judgment

  1. 1 Whether statements by the Lublin Court of Appeal violated the applicant's right to the presumption of innocence under Article 6 § 2 ECHR

Ratio Decidendi

The Court found that the statements by the Lublin Court of Appeal, particularly the assertion that the applicant had committed the offences, constituted an inadmissible declaration of guilt at the preliminary stage, violating the presumption of innocence under Article 6 § 2 ECHR.

Court Disposition

violation found

Orders

  • Rejects the Government's objection of no significant prejudice.
  • Declares the application admissible.