ECHR Article 14DiscriminationFailure to enforce a judgment acknowledging gender discrimination against a working mother: violationFacts – In February 2003, relying on the labour regulations, the applicant asked her employer for a reduction in her working hours as she had custody of her son, who was under the six-year age-limit. When her employer refused, she brought … Continue reading Garcia Mateos v Spain: ECHR 19 Feb 2013
ECHR Judgment : Violation of Article 6 – Right to a fair trial Article 6 – Enforcement proceedings Article 6-1 – Access to court Citations: 23137/04, [2017] ECHR 540 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 26 November 2022; Ref: scu.607671
ECHR Article 6Civil proceedingsArticle 6-1Impartial tribunalIndependent tribunalStructural defects of the system of judicial discipline: violationFair hearingAbsence of limitation period for imposing disciplinary penalty on judges and abuse of electronic vote system in Parliament when adopting decision on judge’s dismissal: violationsTribunal established by lawComposition of chamber examining applicant’s case defined by a judge whose term of … Continue reading Oleksandr Volkov v Ukraine: ECHR 9 Jan 2013
ECHR Article 6Criminal proceedingsArticle 6-1Criminal chargeFair hearingAssize court judgment containing statement of reasons for jury’s guilty verdict: violation; no violation[This summary also covers the judgment in the case of Agnelet v. France, no. 61198/08, 10 January 2013]Facts – In Agnelet, the applicant was sentenced in 2007 by the Assize Court to twenty years’ imprisonment for … Continue reading Legillon v France: ECHR 10 Jan 2013
Article 6Criminal proceedingsArticle 6-1Criminal chargeFair hearingAssize court judgment containing statement of reasons for jury’s guilty verdict: violation; no violation[This summary also covers the judgment in the case of Legillon v. France, no. 53406/10, 10 January 2013]Facts – In Agnelet, the applicant was sentenced in 2007 by the Assize Court to twenty years’ imprisonment for murder. … Continue reading Agnelet v France: ECHR 10 Jan 2013
ECHR Judgment : Article 3 – Violation of Article 6 – Right to a fair trial Article 6 – Criminal proceedings Article 6-1 – Reasonable time : First Section Committee Citations: 37026/21, [2022] ECHR 894 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 05 November 2022; Ref: scu.681678
Article 6 Civil proceedings Article 6-1 Access to court Lack of right of appeal against sanctions imposed on applicants on basis of UN Security Council resolutions: violation Facts – The first applicant is an Iraqi national who lives in Jordan and manages a company incorporated under Panamanian law and based in Panama (the second applicant). … Continue reading Al-Dulimi and Montana Management In. v Switzerland (Legal Summary): ECHR 26 Nov 2013
Judges: Josep Casadevall, P Citations: 39818/06, [2012] ECHR 432 Links: Bailii Statutes: European Convention on Human Rights 6-1 Human Rights Updated: 05 October 2022; Ref: scu.452086
Article 6 Criminal proceedings Article 6-1 Fair hearing Admission in evidence against person accused of membership of unlawful organisation of police testimony based on undisclosed sources: no violation Facts – The case concerned the fairness of the applicant’s trial and conviction before the Special Criminal Court in Ireland for being a member of the IRA. … Continue reading Donohoe v Ireland (Legal Summary): ECHR 12 Dec 2013
Citations: 19165/08 – Chamber Judgment, [2013] ECHR 1276 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Citing: Summary – Donohoe v Ireland (Legal Summary) ECHR 12-Dec-2013 Article 6 Criminal proceedings Article 6-1 Fair hearing Admission in evidence against person accused of membership of unlawful organisation of police testimony based on undisclosed sources: … Continue reading Donohoe v Ireland (Chamber Judgment): ECHR 12 Dec 2013
ECHR Article 6 Civil proceedings Article 6-1 Civil rights and obligations Proceedings challenging a burgomaster’s decision to close a ‘coffee shop’ for failure to comply with conditions attached to tolerance of sale of soft drugs: Article 6 – 1 not applicable Facts – In October 1999 the applicant became the landlord of a coffee shop … Continue reading De Bruin v The Netherlands: ECHR 17 Sep 2013
ECHR Judgment : Article 6+6-1 – Right to a fair trial : Second Section Committee Citations: 48719/08, [2018] ECHR 928 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 04 July 2022; Ref: scu.628897
ECHR Judgment (Merits) – Violation of Art. 6-1. Citations: 22868/02, [2005] ECHR 725 Links: Worldlii, Bailii Statutes: European Convention on Human Rights 6-1 Human Rights Updated: 04 July 2022; Ref: scu.231433
ECHR Judgment : Violation of Article 6 – Right to a fair trial Article 6 – Civil proceedings Article 6-1 – Reasonable time Violation of Art… Citations: 45225/09, [2017] ECHR 667 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 07 April 2022; Ref: scu.607838
ECHR Judgment : Violation of Article 6 – Right to a fair trial Article 6 – Enforcement proceedings Article 6-1 – Access to court Violation … Citations: 1849/08, [2017] ECHR 661 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 07 April 2022; Ref: scu.607836
ECHR Judgment : Violation of Article 6 – Right to a fair trial Article 6 – Criminal proceedings Article 6-1 – Access to court Citations: 71891/10, [2017] ECHR 664 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 07 April 2022; Ref: scu.607826
ECHR Judgment : Violation of Article 6 – Right to a fair trial Article 6 – Criminal proceedings Article 6-1 – Fair hearing Citations: 7202/09, [2017] ECHR 663 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 07 April 2022; Ref: scu.607800
ECHR Judgment : No violation of Article 6+6-3-d – Right to a fair trial Article 6 – Criminal proceedings Article 6-1 – Fair hearing Articl… Citations: 61257/08, [2017] ECHR 662 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 07 April 2022; Ref: scu.607807
ECHR Judgment : Violation of Article 6 – Right to a fair trial Article 6 – Administrative proceedings Article 6-1 – Impartial tribunal Indep… Citations: 53802/11, [2017] ECHR 556 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 06 April 2022; Ref: scu.607721
ECHR Judgment : Violation of Article 6 – Right to a fair trial Article 6 – Criminal proceedings Article 6-1 – Reasonable time Citations: 59173/08, [2017] ECHR 555 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 06 April 2022; Ref: scu.607722
ECHR Judgment : Violation of Article 6 – Right to a fair trial Article 6 – Enforcement proceedings Article 6-1 – Access to court Violation … Citations: 39979/08, [2017] ECHR 546 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 06 April 2022; Ref: scu.607720
ECHR Judgment : Violation of Article 6 – Right to a fair trial Article 6 – Civil proceedings Article 6-1 – Reasonable time Citations: 38419/08, [2017] ECHR 545 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 06 April 2022; Ref: scu.607732
ECHR Judgment : Violation of Article 6 – Right to a fair trial Article 6 – Civil proceedings Article 6-1 – Reasonable time Citations: 1253/08, [2017] ECHR 557 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 06 April 2022; Ref: scu.607713
ECHR Judgment : Violation of Article 6 – Right to a fair trial Article 6 – Enforcement proceedings Article 6-1 – Access to court Violation … Citations: 42968/06, [2017] ECHR 533 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 06 April 2022; Ref: scu.607704
ECHR Judgment : Violation of Article 6 – Right to a fair trial Article 6 – Civil proceedings Article 6-1 – Reasonable time Citations: 7096/08, [2017] ECHR 554 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 06 April 2022; Ref: scu.607717
ECHR Judgment : Violation of Article 6 – Right to a fair trial Article 6 – Enforcement proceedings Article 6-1 – Access to court Citations: 3141/08, [2017] ECHR 544 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 06 April 2022; Ref: scu.607647
ECHR Judgment : Violation of Article 6 – Right to a fair trial Article 6 – Enforcement proceedings Article 6-1 – Access to court Citations: 52637/09, [2017] ECHR 548 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 06 April 2022; Ref: scu.607645
ECHR Judgment : Violation of Article 6 – Right to a fair trial Article 6 – Criminal proceedings Article 6-1 – Fair hearing Citations: 41427/14, [2017] ECHR 534 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 06 April 2022; Ref: scu.607619
ECHR Judgment : Violation of Article 6 – Right to a fair trial Article 6 – Civil proceedings Article 6-1 – Reasonable time Citations: 36974/11, [2017] ECHR 360 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 06 April 2022; Ref: scu.607480
Hudoc Judgment (Merits and just satisfaction) Preliminary objection rejected (locus standi); No violation of Art. 8 with regard to suspension of parental rights and taking into care; Violation of Art. 8 with regard to limitations on access; Violation of Art. 8 with regard to placement of children; No violation of Art. 8 with regard to … Continue reading Scozzari And Giunta v Italy: ECHR 13 Jul 2000
The bank challenged measures taken by HM Treasury to restrict access to the United Kingdom’s financial markets by a major Iranian commercial bank, Bank Mellat, on the account of its alleged connection with Iran’s nuclear weapons and ballistic missile programmes. The bank sought to have the direction given under section 7 of the 2008 Act. … Continue reading Bank Mellat v Her Majesty’s Treasury (No 2): SC 19 Jun 2013
ECHR Judgment : Violation of Article 6 – Right to a fair trial Article 6 – Administrative proceedings Article 6-1 – Impartial tribunal 53803/11, [2017] ECHR 558 Bailii European Convention on Human Rights Human Rights Human Rights Updated: 28 December 2021; Ref: scu.607614
ECHR Article 8-1 Respect for private life Publication of parliamentary investigation into conduct of former Minister: inadmissible Article 6 Civil proceedings Article 6-1 Civil rights and obligations Complaints relating to parliamentary investigation into conduct of former Minister: inadmissible Facts – The case concerned the investigation by parliamentary authorities into the applicant, a former government minister, … Continue reading Hoon v The United Kingdom (Dec): ECHR 13 Nov 2014
The appellant challenged an order suspending him from practice as a solicitor for two years. He had previous findings of professional misconduct in failing to pay counsels’ fees. In the course of later disciplinary proceedings he was found to have misled the court as to the circumstances of a tribunal hearing when obtaining a stay. … Continue reading Aaron v The Law Society (the Office of the Supervision of Solicitors): QBD 13 Oct 2003
Article 46-2 Execution of judgment Measures of a general character Respondent State required to provide genuine effective relief for violations of the right to trial within a reasonable time Facts – In 2006 and 2008, respectively, the applicants were interrogated as suspects on charges of tax fraud. In 2008 criminal proceedings were initiated against them … Continue reading Barta And Drajko v Hungary: ECHR 17 Dec 2013
ECHR Article 5-1 Deprivation of liberty Thirty-day placement of minor in detention centre for young offenders to ‘correct his behaviour’: violation Article 5-1-d Educational supervision Thirty-day placement of minor in detention centre for young offenders to ‘correct his behaviour’: violation Article 6 Criminal proceedings Article 6-1 Criminal charge Determination (criminal) Proceedings leading to minor’s placement … Continue reading Blokhin v Russia: ECHR 14 Nov 2013
Statement of Facts – The company’s goods had been detained by Customs and Excise. A court later ordered their return, but found the detention to have been with reasonable cause. The Revenue had successfully argued that costs could not be awarded against them under a statutory immunity. 16788/13 – Communicated Case, [2013] ECHR 1284, [2014] … Continue reading Eastenders Cash And Carry Plc And Others v The United Kingdom: ECHR 27 Nov 2013
ECHR Article 6 Criminal proceedings Article 6-1 Fair hearing Equality of arms Facts – The facts of the case were disputed between the parties. According to official records, in 2005 two undercover police officers contacted the applicant by telephone to buy heroin. After meeting at an agreed location, the officers purchased the heroin and arrested … Continue reading Sepil v Turkey: ECHR 12 Nov 2013
Article 11-1 Freedom of peaceful assembly Imposition of administrative fine for participating in an unauthorised yet peaceful demonstration: violation Article 6 Criminal proceedings Article 6-1 Fair hearing Refusal to call defence witnesses to clarify an uncertain situation which constituted basis of charges: violation Facts – In April 2007 an anti-government demonstration consisting of a meeting … Continue reading Kasparov v Russia: ECHR 3 Oct 2013
Article 6 Civil proceedings Article 6-1 Access to court Mandatory 10% fine for unsuccessful challenge to forced sale at public auction: violation Facts – Section 134(2) of the Enforcement and Bankruptcy Act (Law no. 2004) provided for the imposition of a fine amounting to 10% of the value of the successful bid when a debtor … Continue reading Sace Elektrik Ticaret Ve Sanayi As v Turkey: ECHR 22 Oct 2013
ECHR Article 35-1Exhaustion of domestic remediesEffective domestic remedyFailure to seek compensation in the domestic courts or through the Chancellor of Justice for a Convention violation: inadmissibleFacts – In his application to the European Court the applicant complained under Article 6-1 of the Convention of procedural unfairness in proceedings before the administrative courts for a life … Continue reading Ruminski v Sweden (Dec): ECHR 21 May 2013
Ineta Ziemele, P 67318/09 22226/12 – Admissibility Decision, [2013] ECHR 578 Bailii European Convention on Human Rights, Criminal Justice Act 2003 46(3) Human Rights Citing: Legal Summary – Twomey, Cameron and Guthrie v The United Kingdom (Legal Summary) ECHR 28-May-2013 ECHR Criminal proceedingsArticle 6-1Fair hearingEquality of armsIndependent tribunalTrial by judge sitting alone owing to risk … Continue reading Twomey, Cameron And Guthrie v The United Kingdom (Judgment): ECHR 28 May 2013
The appellants had been convicted of murder, it being said that they had disposed of her body at sea. They now said that the delay between being first questioned and being charged infringed their rights to a trial within a reasonable time, and questioned whether they had has an impartial judge, he having also conducted … Continue reading O’Neill v Her Majesty’s Advocate No 2: SC 13 Jun 2013
ECHR Article 6-1Fair hearingArbitrary domestic decision amounting to denial of justice: violationFacts – In 2004 the applicant instituted civil proceedings against his employer, who was in financial difficulty, for outstanding holiday pay. The applicant’s claim was granted at first instance in line with the applicable labour law and collective agreements, but the judgment was reversed … Continue reading Andelkovic v Serbia: ECHR 9 Apr 2013
49069/11 – Chamber Judgment, [2013] ECHR 484 Bailii European Convention on Human Rights Human Rights Citing: Legal Summary – Nataliya Mikhaylenko v Ukraine (LS) ECHR 30-May-2013 ECHR Civil proceedingsArticle 6-1Access to courtLack of access to court for person seeking restoration of her legal capacity: violationFacts – In 2007 the applicant was deprived of her . … Continue reading Nataliya Mikhaylenko v Ukraine: ECHR 30 May 2013
ECHR Article 35-1Exhaustion of domestic remediesEstablishment in accordance with Court pilot judgment of domestic remedy affording compensation in length-of-proceedings cases and requiring exhaustion: inadmissibleFacts – Various sets of criminal proceedings have been brought against the applicants since 1999. They complained of the length of the proceedings and of the lack of a domestic legal remedy … Continue reading Turgut And Others v Turkey (Dec): ECHR 26 Mar 2013
ECHR Article 6 Presumption of innocence Public accusation of murder made by chairman of independent political party in immediate aftermath of shooting: inadmissible Facts – In September 1998 a Member of Parliament and his bodyguards were shot and fatally wounded as they came out of the Democratic Party headquarters in Tirana. Immediately afterwards, the Party … Continue reading Mulosmani v Albania: ECHR 8 Oct 2013
The applicants had each been given a life sentence, but having served the minimum term had been due to have the continued detention reviewed to establish whether or not continued detention was necessary for the protection of the pblic. It had not been, and each had claimed there was no basis for his continued detention, … Continue reading Faulkner, Regina (on The Application of) v Secretary of State for Justice and Another: SC 1 May 2013
ECHR Article 7-1 Nullum crimen sine lege Interpretation of offence of tax evasion derived by reference to other areas of law: no violation Article 6 Civil proceedingsCriminal proceedings Article 6-1 Impartial tribunalIndependent tribunalAlleged lack of impartiality of trial judge who had already taken procedural decisions adverse to defence and had sat in trial of co-accused: … Continue reading Khodorkovskiy and Lebedev v Russia: ECHR 25 Jul 2013
Extension oh Human Rights Beyond Borders The appellants complained that the system set up by the respondent where Home Office officers were placed in Prague airport to pre-vet applicants for asylum from Romania were dsicriminatory in that substantially more gypsies were refused entry than others, and that it was contrary to the obligations of the … Continue reading Regina v Immigration Officer at Prague Airport and another, ex parte European Roma Rights Centre and others: HL 9 Dec 2004
ECHR Civil proceedingsArticle 6-1Access to courtLack of access to court for person seeking restoration of her legal capacity: violationFacts – In 2007 the applicant was deprived of her legal capacity on the grounds that she was suffering from a serious mental illness. Gradually, her mental health improved. In 2009 her guardian applied for her legal … Continue reading Nataliya Mikhaylenko v Ukraine (LS): ECHR 30 May 2013
No presumption for Mother on Relocation The mother applied for leave to return to New Zealand taking with the parties’ daughter aged four. The father opposed the move, saying that allowing the move would infringe his and the child’s right to family life. He had been refused residence. Held: The move was a serious interference … Continue reading Payne v Payne; P v P: CA 13 Feb 2001
kristiansen_norwayECHR2013 ECHR Article 6-1Access to courtCivil rights and obligationsLengthy delays in examination of patent application rendering right of appeal to a court meaningless: violationFacts – The applicants jointly owned a patent application that was lodged with the Norwegian Industrial Property Office (NIPO) in 1990. The application was ultimately refused by the NIPO in a decision … Continue reading Kristiansen And Tyvik As v Norway: ECHR 2 May 2013
ECHR Criminal proceedingsArticle 6-1Fair hearingEquality of armsIndependent tribunalTrial by judge sitting alone owing to risk of jury tampering: inadmissibleFacts – The case concerned the power under section 46 of the Criminal Justice Act 2003 for a judge in a trial on indictment to discharge the jury where jury tampering appears to have taken place. The … Continue reading Twomey, Cameron and Guthrie v The United Kingdom (Legal Summary): ECHR 28 May 2013
The Commission challenged the compatibility of the NI law relating to banning nearly all abortions with Human Rights Law. It now challenged a decision that it did not have standing to bring the case.
Held: (Lady Hale, Lord Kerr and Lord Wilson . .
Claim for a declaration under CPR Part 8 that it is not mandatory to bring before the Court the withdrawal of Clinically Assisted Nutrition and Hydration (‘CANH’) from a patient who has a prolonged disorder of consciousness in circumstances where . .
ECHR Civil proceedings
Article 6-1
Access to court
Decision of Netherlands courts to decline jurisdiction to hear claim against the UN arising out of the Srebrenica massacre: inadmissible
The court considered the significance of the existence of an academic consensus as to the meaning of an international convention. Cockburn CJ said: ‘even if entire unanimity had existed in respect of the important particulars to which I have . .
Hudoc Judgment (Merits and just satisfaction) Violation of Art. 6-1; Violation of Art. 8; Violation of Art. 13 with regard to the complaint under Article 6-1; Not necessary to examine Art. 13 with regard to the complaint under Art. 8; Non-pecuniary damage – financial award Citations: 53176/99, [2002] ECHR 27, ECHR 2002-I Links: Worldlii, Bailii … Continue reading Mikulic v Croatia: ECHR 7 Feb 2002
ECHR The applicant alleged, in particular a violation of Article 6-1 of the Convention on account of the excessive length of criminal proceedings. He also complains of the ineffectiveness of the remedy to enforce this complaint (Article 13). Guido Raimondi, P 18393/09 – Chamber Judgment, [2014] ECHR 1153 Bailii European Convention on Human Rights 6-1 … Continue reading Panju v Belgium: ECHR 28 Oct 2014
Hudoc No violation of Art. 11; No violation of Art. 6-1; No violation of Art. 13; No violation of P1-1The right to freedom of association under article 11 of the European Convention on Human Rights includes the right not to join or to withdraw from an association. Citations: 15573/89, [1996] ECHR 20, [1998] ECHR 67, … Continue reading Gustafsson v Sweden: ECHR 25 Apr 1996
The defendants had published remarks on its website about the reliability of the claimant. When sued in defamation, they pleaded fair comment, but that was rejected by the Court of Appeal. Held: The defendants’ appeal succeeded, and the fair comment defence was re-instated. The phrase ‘honest comment’ should now be used to reflect the nature … Continue reading Spiller and Another v Joseph and Others: SC 1 Dec 2010
ECHR Judgment : Violation of Article 6 – Right to a fair trial Article 6 – Civil proceedings Article 6-1 – Reasonable time Citations: 21357/08, [2017] ECHR 516 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 26 November 2022; Ref: scu.607692
ECHR Judgment : Violation of Article 6 – Right to a fair trial Article 6 – Civil proceedings Article 6-1 – Impartial tribunal Non-pecuniary loss Citations: 5856/13, [2017] ECHR 598 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 26 November 2022; Ref: scu.607696
ECHR Judgment : Violation of Article 6 – Right to a fair trial Article 6 – Enforcement proceedings Article 6-1 – Access to court Citations: 71444/13, [2017] ECHR 600 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 26 November 2022; Ref: scu.607630
Appeals were brought complaining as to the apparent reversal of the burden of proof in road traffic cases and in cases under the Terrorism Acts. Was a legal or an evidential burden placed on a defendant? Held: Lord Bingham of Cornhill said: ‘The overriding concern is that a trial should be fair, and the presumption … Continue reading Sheldrake v Director of Public Prosecutions; Attorney General’s Reference No 4 of 2002: HL 14 Oct 2004
The mother of the child on behalf of whom the application was made, was to face trial for murder. The child was in care and an order was sought to restrain publiction of material which might reveal his identity, including matters arising during the trial. Held: (Hale LJ dissenting) The court in this case was … Continue reading Re S (A Child): CA 10 Jul 2003
Citations: 10987/10 (Judgment (Merits and Just Satisfaction)), [2012] ECHR 1367 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Citing: Cited – Ibrahim Gurkan v Turkey (CLIN) ECHR 3-Jul-2012 ECHR Article 6 Criminal proceedings Article 6-1 Impartial tribunal Independent tribunal Participation of serving military officer in military criminal court: violation Facts – . … Continue reading Ibrahim Gurkan v Turkey: ECHR 3 Jul 2012
Citations: [1996] ECHR 100, 25803/94 Links: Bailii Statutes: European Convention on Human Rights 3 Cited by: Cited – Selmouni v France ECHR 28-Jul-1999 Hudoc Judgment (Merits and just satisfaction) Preliminary objection rejected (non-exhaustion); Violation of Art. 3; Violation of Art. 6-1; Non-pecuniary damage – financial award; Costs and expenses award – . .Cited – Selmouni … Continue reading Selmouni v France: ECHR 25 Nov 1996
Execution of judgment Citations: [2009] ECHR 2250, 25803/94, [2009] ECHR 2250 Links: Bailii, Bailii Statutes: European Convention on Human Rights 3 Citing: Cited – Selmouni v France ECHR 25-Nov-1996 . . Judgment – Selmouni v France ECHR 28-Jul-1999 Hudoc Judgment (Merits and just satisfaction) Preliminary objection rejected (non-exhaustion); Violation of Art. 3; Violation of Art. … Continue reading Selmouni v France: ECHR 3 Dec 2009
The complainants said that the damages awarded for the delay in hearing their civil case were derisory. Judges: L Wildhaber, P Citations: [2006] ECHR 274 Links: Worldlii, Bailii Statutes: European Convention on Human Rights Citing: Cited – Giuseppina And Orestina Procaccini v Italy ECHR 10-Nov-2004 ECHR (French Text) Judgment (Merits and Just Satisfaction) – Preliminary … Continue reading Giuseppina And Orestina Procaccini v Italy: ECHR 29 Mar 2006
Judgment : Violation of Article 6 – Right to a fair trial (Article 6 – Enforcement proceedings Article 6-1 – Access to court) Violation Citations: 46686/06, [2017] ECHR 305 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 03 November 2022; Ref: scu.581393
Judgment : Violation of Article 6 – Right to a fair trial (Article 6 – Civil proceedings Article 6-1 – Reasonable time) Citations: 39611/08, [2017] ECHR 310 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 03 November 2022; Ref: scu.581398
Judgment : Violation of Article 6 – Right to a fair trial (Article 6 – Civil proceedings Article 6-1 – Reasonable time) Violation of Art . . Citations: 39167/08, [2017] ECHR 272 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 03 November 2022; Ref: scu.581383
An application was made by a local authority to restrict publication of the name of a defendant in criminal proceedings in order to protect children in their care. The mother was accused of having assaulted the second respondent by knowingly transmitted HIV/Aids to him by having unprotected sex but hiding her HIV status. Held: The … Continue reading A Local Authority v W L W T and R; In re W (Children) (Identification: Restrictions on Publication): FD 14 Jul 2005
The appellant faced a criminal trial. He was granted legal aid for two counsel. He asked for two particular junior counsel, but the certificate required him to instruct leading counsel and a junior. He objected that this deprived him of the right to his chosen counsel. Held: The appeal failed. The purpose of a defendant’s … Continue reading Maguire, Re Application for Judicial Review (Northern Ireland): SC 21 Mar 2018
Citations: [2011] ECHR 1670, 60958/00 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Citing: See Also – SC v The United Kingdom ECHR 15-Jun-2004 Hudoc Judgment (Merits and just satisfaction) Violation of Art. 6-1 ; Non-pecuniary damage – finding of violation sufficient ; Costs and expenses (domestic proceedings) – claim rejected ; … Continue reading SC v The United Kingdom: ECHR 14 Sep 2011
Hudoc Judgment (Merits and just satisfaction) Violation of Art. 6-1 ; Non-pecuniary damage – finding of violation sufficient ; Costs and expenses (domestic proceedings) – claim rejected ; Costs and expenses partial award – Convention proceedings Hudoc Judgment (Merits and just satisfaction) Violation of Art. 6-1 ; Non-pecuniary damage – finding of violation sufficient ; … Continue reading SC v The United Kingdom: ECHR 15 Jun 2004
The claimant alleged that she had been discrimated against in her work for the appellant, a member of the diplomatic staff at the Saudi Embassy in London. She now appealed against a decision that the respondent had diplomatic immunity. Held: The appeal was allowed: ‘the question whether the exception in article 31(1)(c) would have applied … Continue reading Reyes v Al-Malki and Another: SC 18 Oct 2017
The applicant had dual Iraqi and British nationality. He was detained by British Forces in Iraq under suspicion of terrorism, and interned. Held: His appeal failed. The UN resolution took priority over the European Convention on Human Rights where there was a conflict between them. ‘If the Security Council, acting under Chapter VII, consider that … Continue reading Al-Jedda v Secretary of State for Defence: CA 29 Mar 2006
The appellant had been charged with and disciplined for a prison offence. He was refused legal assistance at his hearing, and it was accepted that the proceedings involved the determination of a criminal charge within the meaning of article 6 of the Convention, that the deputy controller was not an independent tribunal and that the … Continue reading Greenfield, Regina (on the Application of) v Secretary of State for the Home Department: HL 16 Feb 2005
The court was asked as to the compatibility of provisions in the 1978 Act with the human rights of the appellant. The claimants, Moroccan nationals were employed as domestic staff in embassies in London. They alleged both race discrimination and breach of the 1998 Regulations, saying that the statutory exemption of the Embassies from liability … Continue reading Benkharbouche v Secretary of State for Foreign and Commonwealth Affairs: SC 18 Oct 2017
G was a prisoner who was refused permission by the Home Secretary to consult a solicitor with a view to bringing libel proceedings against a prison officer. The court construed article 6 of ECHR, which provides that ‘in the determination of his civil rights . . everyone is entitled to a fair . . hearing’, … Continue reading Golder v The United Kingdom: ECHR 21 Feb 1975
ECHR The applicant had a licence for a pistol and rifle. His was refused another licence, and then the existing licence was withdrawn. His name had been included in a police list in an operational records file holding data for law enforcement bodies obtained during operational activities. He began proceedings challenging his listing. The court … Continue reading Uzukauskas v Lithuania: ECHR 6 Jul 2010
(Scotland) The appellant had variously been convicted in reliance on evidence gathered at different stages before arrest, but in each case without being informed of any right to see a solicitor. The court was asked, as a devolution issue, at what point the duty to allow access to a solicitor arose, and what use might … Continue reading Ambrose v Harris, Procurator Fiscal, Oban, etc: SC 6 Oct 2011
(First Section) The claimant complaned that he had not been allowed access to a lawyer when being questioned by police when he was not under arrest. He had been stopped driving home from work and his car inspected by the police after reports of workers stealing diesel from their service vehicles. Two cans of diesel … Continue reading Zaichenko v Russia: ECHR 18 Feb 2010
Hudoc Judgment (Merits and just satisfaction) Violation of Art. 6-1+6-3-c; No violation of Art. 14+6; Pecuniary damage – finding of violation sufficient; Non-pecuniary damage – finding of violation sufficient; Costs and expenses partial award – Convention proceedingsThe applicant, who had been arrested in Northern Ireland and denied access to a solicitor for over 48 hours, … Continue reading Magee v The United Kingdom: ECHR 6 Jun 2000
The denial of access to a solicitor for a suspect before interrogation was a breach of the right to a fair hearing. The breach was so fundamental as to irretrievably prejudice the rights of a defendant. The article might be expressed to refer to rights at trial, but the exercise of such rights derived from … Continue reading Magee v United Kingdom: ECHR 6 Jun 2000
ECHR Judgment (Merits and Just Satisfaction) – Preliminary objection rejected (non-exhaustion); Violation of Art. 6-1; No violation of Art. 6-1+6-3-d; No violation of Art. 6-3-c; Pecuniary damage – claim rejected; Non-pecuniary damage – claim rejected; Costs and expenses award – Convention proceedings. Citations: 11170/84, [1991] ECHR 39, 12876/87, 13468/87 Links: Worldlii, Bailii Statutes: European Convention … Continue reading Brandstetter v Austria: ECHR 28 Aug 1991
Evidence from 3rd Party Torture Inadmissible The applicants had been detained following the issue of certificates issued by the respondent that they posed a terrorist threat. They challenged the decisions of the Special Immigration Appeals Commission saying that evidence underlying the decisions had probably been obtained by torture committed by foreign powers, and should not … Continue reading A and others v Secretary of State for the Home Department (No 2): HL 8 Dec 2005
Hudoc Judgment (Merits and just satisfaction) Violation of Art. 8; No violation of Art. 6-1; Not necessary to examine Art. 13; Not necessary to examine P7-5; Non-pecuniary damage – financial award; Costs and expenses partial award – domestic proceedingsIn private law cases, just as much as in public law cases, Article 8 includes ‘a right … Continue reading Hokkanen v Finland: ECHR 23 Sep 1994
The appellant, applying for housing as a homeless person, had rejected the final property offered on the basis that its resemblance to the conditions of incarceration in Iran, from which she had fled, would continue and indeed the mental difficulties which afflicted her following that incarceration. She now appealed from rejection of that claim by … Continue reading Poshteh v Royal Borough of Kensington and Chelsea: SC 10 May 2017
Relying on Articles 2 and 3 of the Convention, the applicant complained in particular the use of disproportionate force against him and abuse during and after the riot operation launched in Canakkale prison. He also argued that the criminal proceedings in this regard against members of the security forces had disregarded the need for speed … Continue reading Vefa Serdar v Turkey: ECHR 27 Jan 2015
Hudoc Judgment (Merits and just satisfaction) Violation of Art. 5-1+5-3 ; Violation of Art. 6-1 ; Violation of Art. 8 ; Pecuniary damage – claim rejected ; Non-pecuniary damage – financial award ; Costs and expenses partial award Citations: 46133/99, [2003] ECHR 397, 48183/99 Links: Worldlii, Bailii Statutes: European Convention on Human Rights Jurisdiction: Human … Continue reading Smirnova v Russia: ECHR 24 Jul 2003
The entrenched rights of a litigant would be illusory if a judicial decision by an independent body which had become final and binding could thereafter be quashed by a higher court on the application of a state official. A departure from that principle is justified only when made necessary by circumstances of a substantial and … Continue reading Ryabykh v Russia: ECHR 24 Jul 2003
Inherent High Court power may restrain Publicity The claimant child’s mother was to be tried for the murder of his brother by poisoning with salt. It was feared that the publicity which would normally attend a trial, would be damaging to S, and an application was made for reporting restrictions to be applied to avoid … Continue reading In re S (a Child) (Identification: Restrictions on Publication): HL 28 Oct 2004
The applicants complained under Article 6-1 of the Convention that a decision refusing to reimburse the costs they had borne in respect of a civil claim that the Public Prosecutor unsuccessfully lodged against them was in breach of these provisions. The claim against them had alleged unjust enrichment in the purchase of public land under … Continue reading Stankiewicz v Poland: ECHR 6 Apr 2006
The claimant said that his continued detention after the custody time limits had expired was an infringement of his human rights. He faced continued detention having been refused bail because of his arrest on a grave charge, having a previous conviction for another grave offence. Held: The appeal was dismissed. Insofar as the the word … Continue reading O v Crown Court at Harrow: HL 26 Jul 2006
Hudoc Judgment (Merits and just satisfaction) Preliminary objection rejected (non-exhaustion) ; Violation of P1-1 ; No violation of Art. 6-1 ; Violation of Art. 13 ; Pecuniary damage – financial award ; Costs and expenses partial awardThe claimant company alleged that its human rights had been violated in that it had been ordered to pay … Continue reading Stockholms Forsakrings- Och Skadestandsjuridik Ab v Sweden: ECHR 16 Sep 2003
The claimants had been convicted of murder, but their tariffs had not yet been set when the 2003 Act came into effect. They said that the procedure under which their sentence tarriffs were set were not compliant with their human rights in that the tarriff was set by reference back to a judge without a … Continue reading Hammond, Regina (on the Application of) v Secretary of State for the Home Department: HL 1 Dec 2005
