I incorrectly predicted that there's no violation of human rights in KOROBOV v. RUSSIA.

Information

  • Judgment date: 2019-11-12
  • Communication date: 2017-05-29
  • Application number(s): 60677/10
  • Country:   RUS
  • Relevant ECHR article(s): 6, 6-2, 8, 8-1, 13
  • Conclusion:
    Violation of Article 6 - Right to a fair trial (Article 6-2 - Presumption of innocence)
  • Result: Violation
    • SEE FINAL JUDGMENT

JURI Prediction

  • Probability: 0.587665
  • Prediction: No violation

  • Inconsistent


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 applicant was charged with robbery and murder.
The case was investigated by investigator K. On 28/09/05 a jury issued a verdict, finding the applicant guilty.
On 12/10/05 K. published in a local newspaper an article.
On 18/10/05 the Chelyabinsk Regional Court, sitting as a trial court, upheld the verdict and sentenced the applicant to sixteen years’ imprisonment.
On 19/10/05 and 26/10/05 K. authored two follow-up articles.
On 14/04/06 the Supreme Court of Russia upheld the judgment of 18/10/05 in substance.
So, it became final.
The applicant sued the State on account of the above publications for a violation of the presumption of innocence and defamation.
He argued that Article 49 of the Constitution required that a person was to be presumed innocent until a final judgment in a criminal case.
On 01/03/10 the Yuzhno‐Uralsk Town Court of the Chelyabinsk Region rejected his claims.
On 28/05/10 the Chelyabinsk Regional Court upheld the judgment, indicating that, as of 2010, the applicant’s guilt had been confirmed by criminal courts and thus the contents of the articles “corresponded to the reality”.
The applicant also unsuccessfully sought institution of criminal proceedings against K. for criminal defamation and insult.

Judgment