EUROPEAN COURT OF HUMAN RIGHTS IN ACTION / Alla Tymofeyeva (ed.)

Communicated on 18 December 2018

FIRST SECTION

Application no. 65496/16 Tomáš MACEK against the Czech Republic lodged on 4 November 2016

SUBJECT MATTER OF THE CASE

The application concerns: 1. alleged violation of the applicant’s right to a fair trial (Article 6 § 1 of the Convention), to be presumed innocent until proved guilty (Article 6 § 2 of the Convention) and to respect for his private life (Article 8 of the Convention) on account of statement made by the court in the course of inheritance proceedings that the applicant is guilty of a crime for which he was never tried by a criminal tribunal and 2. alleged subsequent violation of the applicant’s right to the peaceful enjoyment of his possessions (Article 1 of the Protocol No. 1 to the Convention) as pursuant the declaration of his guilt, he was found to be an ineligible heir of his late father’s estate.

QUESTIONS TO THE PARTIES

1. In the light of the case-law of the Court, does the present case fall within the scope of Article 6 § 2 of the Convention (see notably Allen v. the United Kingdom [GC], no. 25424/09, § 94-100, ECHR 2013; Eshonkulov v. Russia , no. 68900/13, § 74-76, 15 January 2015; Vanjak v. Croatia, no. 29889/04, § 41, 14 January 2010; Mikolajová v. Slovakia, no. 4479/03, § 44, 18 January 2011)? If so, was the applicant’s right to the presumption of his innocence respected?

214

EUROPEAN COURT OF HUMAN RIGHTS IN ACTION