I correctly predicted that there's no violation of human rights in ISTRATE v. ROMANIA.

Information

  • Judgment date: 2021-04-13
  • Communication date: 2018-06-21
  • Application number(s): 44546/13
  • Country:   ROU
  • Relevant ECHR article(s): 6, 6-2
  • Conclusion:
    No violation of Article 6 - Right to a fair trial (Article 6-2 - Presumption of innocence)
  • Result: No violation
  • SEE FINAL JUDGMENT

JURI Prediction

  • Probability: 0.60211
  • Prediction: No violation
  • Consistent


Legend

 In line with the court's judgment
 In opposition to the court's judgment
Darker color: higher probability
: In line with the court's judgment  
: In opposition to the court's judgment

Communication text used for prediction

The application concerns the applicant’s disciplinary dismissal from the police force for drunk driving while the criminal proceedings against him for the said crime were still pending.
After the closure of the criminal proceedings for lack of evidence, the applicant’s request to be reinstated was rejected by the Timişoara Court of Appeal which considered, in its judgment of 28 March 2013, that the applicant had nevertheless committed the disciplinary offence of drunk driving.
Relying on Article 6 § 2 of the Convention the applicant complained of a breach of his right to be presumed innocent.
QUESTION tO THE PARTIES Was the presumption of innocence, guaranteed by Article 6 § 2 of the Convention, respected in the present case?
In particular, was the Timişoara Court of Appeal bound to respect the applicant’s presumption of innocence in its judgment of 28 March 2013 (see, for instance and mutatis mutandis, Çelik (Bozkurt) v. Turkey, no.
34388/05, 12 April 2011)?

Judgment