Search Results for: European Convention on Human Rights 6-1 8 13

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Silver And Others v The United Kingdom (Art 50): ECHR 24 Oct 1983

Citations: [1983] 6 EHHR 62, [1983] ECHR 11, 7113/75, 7136/75, 5947/72, 6205/73, 7052/75, 7061/75, 7107/75 Links: Worldlii, Bailii Statutes: European Convention on Human Rights 6-1 8 13 Jurisdiction: Human Rights Citing: See Also – Silver And Others v The United Kingdom ECHR 25-Mar-1983 There had been interference with prisoners’ letters by prison authorities. The Commission … Continue reading Silver And Others v The United Kingdom (Art 50): ECHR 24 Oct 1983

Silver And Others v The United Kingdom: ECHR 25 Mar 1983

There had been interference with prisoners’ letters by prison authorities. The Commission considered Standing Orders and Circular Instructions in relation to restrictions on correspondence. The rules were not available to prisoners and were restrictive. Held: ‘it is true that those applicants who were in custody may have experienced some annoyance and sense of frustration as … Continue reading Silver And Others v The United Kingdom: ECHR 25 Mar 1983

Garcia Mateos v Spain: ECHR 19 Feb 2013

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

Spiller and Another v Joseph and Others: SC 1 Dec 2010

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

Sheldrake v Director of Public Prosecutions; Attorney General’s Reference No 4 of 2002: HL 14 Oct 2004

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

Oleksandr Volkov v Ukraine: ECHR 9 Jan 2013

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

Ibrahim Gurkan v Turkey: ECHR 3 Jul 2012

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

Legillon v France: ECHR 10 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

Agnelet 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

Selmouni v France: ECHR 25 Nov 1996

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

Selmouni v France: ECHR 3 Dec 2009

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

Juhasz And Others v Hungary: ECHR 13 Oct 2022

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

Al-Dulimi and Montana Management In. v Switzerland (Legal Summary): ECHR 26 Nov 2013

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

A Local Authority v W L W T and R; In re W (Children) (Identification: Restrictions on Publication): FD 14 Jul 2005

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

Maguire, Re Application for Judicial Review (Northern Ireland): SC 21 Mar 2018

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

SC v The United Kingdom: ECHR 14 Sep 2011

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

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 ; 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

Reyes v Al-Malki and Another: SC 18 Oct 2017

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

Al-Jedda v Secretary of State for Defence: CA 29 Mar 2006

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

Greenfield, Regina (on the Application of) v Secretary of State for the Home Department: HL 16 Feb 2005

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

Benkharbouche v Secretary of State for Foreign and Commonwealth Affairs: SC 18 Oct 2017

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

Golder v The United Kingdom: ECHR 21 Feb 1975

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

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: 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

Donohoe v Ireland (Chamber Judgment): 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

Uzukauskas v Lithuania: ECHR 6 Jul 2010

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

De Bruin v The Netherlands: ECHR 17 Sep 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

Ambrose v Harris, Procurator Fiscal, Oban, etc: SC 6 Oct 2011

(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

Zaichenko v Russia: ECHR 18 Feb 2010

(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

Magee v The United Kingdom: ECHR 6 Jun 2000

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

Brandstetter v Austria: ECHR 28 Aug 1991

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

A and others v Secretary of State for the Home Department (No 2): HL 8 Dec 2005

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

Hokkanen v Finland: ECHR 23 Sep 1994

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

Poshteh v Royal Borough of Kensington and Chelsea: SC 10 May 2017

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

Vefa Serdar v Turkey: ECHR 27 Jan 2015

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

Smirnova v Russia: ECHR 24 Jul 2003

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

Ryabykh 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

In re S (a Child) (Identification: Restrictions on Publication): HL 28 Oct 2004

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

O v Crown Court at Harrow: HL 26 Jul 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

Stockholms Forsakrings- Och Skadestandsjuridik Ab v Sweden: ECHR 16 Sep 2003

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

Hammond, Regina (on the Application of) v Secretary of State for the Home Department: HL 1 Dec 2005

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

Maurice v France: ECHR 6 Oct 2005

ECHR Judgment (Merits and Just Satisfaction) – Violation of P1-1; No separate issue under Art.14 in conjunction with P1-1; No separate issue under Art. 6-1; No violation of Art. 13; No violation of Art. 8; Costs and expenses partial award – Convention and domestic proceedings; Just satisfaction reserved. Citations: 11810/03, [2005] ECHR 683 Links: Worldlii, … Continue reading Maurice v France: ECHR 6 Oct 2005

Her Majesty’s Attorney General for Gibraltar v Shimidzu (Berllaque, Intervenor): PC 28 Jun 2005

(Gibraltar) The appellants sought to argue that the failure to allow an acquitted defendant any possible order for costs was a breach of the Constitution. Held: Section 8 of the Constitution, like its analogue article 6 of the European Convention, seeks to guarantee the procedural fairness of the criminal process. Though the Convention is not … Continue reading Her Majesty’s Attorney General for Gibraltar v Shimidzu (Berllaque, Intervenor): PC 28 Jun 2005

Fociac v Romania: ECHR 3 Feb 2005

ECHR Judgment (Merits) – No violation of Art. 6-1 with regard to the non-execution; Inadmissible under Art. 6-1 with regard to the length of the proceedings, and under Art. 13. Citations: 2577/02, [2005] ECHR 55 Links: Worldlii, Bailii Statutes: European Convention on Human Rights 6-1 Human Rights Updated: 01 July 2022; Ref: scu.227584

Sukhorubchenko v Russia: ECHR 10 Feb 2005

ECHR Judgment (Merits and Just Satisfaction) – Violation of Art. 6-1 with regard to access to a court; Not necessary to examine Art. 6-1 with regard to the length of the proceedings; Not necessary to examine Art. 13; No violation of P1-1; Pecuniary damage – claim rejected; Non-pecuniary damage – financial award. Citations: 69315/01, [2005] … Continue reading Sukhorubchenko v Russia: ECHR 10 Feb 2005

Indra v Slovakia: ECHR 1 Feb 2005

ECHR Judgment (Merits and Just Satisfaction) – Preliminary objection dismissed (non-exhaustion of domestic remedies); Violation of Art. 6-1 with regard to impartiality; Not necessary to examine under Art. 6-1 with regard to fairness; Not necessary to examine under Art. 13; Pecuniary damage – claim rejected; Non-pecuniary damage – finding of violation sufficient; Costs and expenses … Continue reading Indra v Slovakia: ECHR 1 Feb 2005

Beet And Others v The United Kingdom: ECHR 1 Mar 2005

ECHR Judgment (Merits and Just Satisfaction) – Violation of Art. 5-1 with regard to one applicant; Violation of Art. 5-5 with regard to one applicant; Violation of Art. 6-1+6-3-c with regard to four applicants; Non-pecuniary damage – financial award (with regard to one applicant); Non-pecuniary damage – finding of violation sufficient (with regard to four … Continue reading Beet And Others v The United Kingdom: ECHR 1 Mar 2005

Lalousi-Kotsovos v Greece: ECHR 19 May 2004

Hudoc Judgment (Merits and just satisfaction) Violation of Art. 6-1 ; Violation of Art. 13 ; Not necessary to examine Art. 17 ; Pecuniary damage – claim rejected ; Non-pecuniary damage – financial award Citations: 65430/01, [2004] ECHR 208 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 01 July … Continue reading Lalousi-Kotsovos v Greece: ECHR 19 May 2004

Mehdi Zana v Turquie (No 2): ECHR 6 Apr 2004

Citations: (26982/95, [2004] ECHR 137 Links: Worldlii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Citing: See Also – Mehdi Zana v Turkey ECHR 6-Mar-2001 Hudoc Judgment (Merits and just satisfaction) Violation of Art. 6-1; Non-pecuniary damage – finding of violation sufficient; Costs and expenses – claim rejected . . Lists of cited by … Continue reading Mehdi Zana v Turquie (No 2): ECHR 6 Apr 2004

Zys-Kowalski and Others v Poland: ECHR 28 Sep 2004

ECHR Judgment (Merits and Just Satisfaction) – Violation of Art. 6-1; Inadmissible under P1-1; Pecuniary damage – claim rejected; Non-pecuniary damage – financial award. Citations: , 70213/01, [2004] ECHR 457 Links: Worldlii, Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 28 June 2022; Ref: scu.277205

Allan v The United Kingdom: ECHR 5 Nov 2002

The appellant had been convicted of murder. The police had encouraged an informant to associate with him whilst in prison and to entice admissions from him. They had also recorded conversations whilst he was in the police station cells. Held: No system regulated such recordings, and accordingly the recordings were not according to law, and … Continue reading Allan v The United Kingdom: ECHR 5 Nov 2002

Masson And Van Zon v The Netherlands: ECHR 28 Sep 1995

ECHR Judgment (Merits) – Lack of jurisdiction (complaint inadmissible); No violation of Art. 6-1; Not necessary to examine Art. 13.The court discussed whether article 6 requires a discretion to be given to a judge to make an award of costs in favour of a successful defendant: As to whether a ‘dispute’ over a ‘right’ existed … Continue reading Masson And Van Zon v The Netherlands: ECHR 28 Sep 1995

Nogolica v Croatia (No. 2): ECHR 17 Nov 2005

ECHR Judgment (Merits and Just Satisfaction) – Violation of Art. 6-1; Violation of Art. 13; Non-pecuniary damage – financial award; Costs and expenses partial award – domestic and Convention proceedings. Citations: 29052/03 Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 18 June 2022; Ref: scu.235178

Pavletic v Slovakia: ECHR 22 Jun 2004

ECHR Judgment (Merits and just satisfaction) Preliminary objections dismissed (victim, non-exhaustion of domestic remedies) ; Violation of Art. 5-3 ; Violation of Art. 5-4 ; Violation of Art. 5-5 ; No separate issue under Art. 13 ; No violation of Art. 6-1 ; Pecuniary damage – claim rejected ; Non-pecuniary damage – finding of violation … Continue reading Pavletic v Slovakia: ECHR 22 Jun 2004

Wainwright and another v Home Office: HL 16 Oct 2003

The claimant and her son sought to visit her other son in Leeds Prison. He was suspected of involvement in drugs, and therefore she was subjected to strip searches. There was no statutory support for the search. The son’s penis had been touched which was a battery. Held: The policy considerations which limit the heads … Continue reading Wainwright and another v Home Office: HL 16 Oct 2003

Clark (Procurator Fiscal, Kirkcaldy) v Kelly: PC 11 Feb 2003

PC (The High Court of Justiciary) The minuter challenged the role of the legal adviser to the district courts in Scotland, and as to his independence. Held: The legal adviser was not subject to the same system of appointments as the justices. However the system provided for a right of appeal (section 175) on questions … Continue reading Clark (Procurator Fiscal, Kirkcaldy) v Kelly: PC 11 Feb 2003

Davies v The United Kingdom: ECHR 16 Jul 2002

The applicant had been subject to applications for his disqualification from acting as a company director. The Secretary of State waited until the last day before issuing proceedings, and the proceedings were then delayed another three years pending the outcome of criminal proceedings against others. The government responded that the proceedings were complex, and the … Continue reading Davies v The United Kingdom: ECHR 16 Jul 2002

Wilson and NUJ, Palmer, Wyeth and RMT, Doolan and Others v The United Kingdom: ECHR 2 Jul 2002

The appellants were journalists and other workers, and members of trades unions. Their employers had de-recognised the unions, paying sums to buy out those rights. The claimants had not surrendered their rights, and had been paid less because of it. Held: The Act did not protect the employees rights of association as guaranteed by article … Continue reading Wilson and NUJ, Palmer, Wyeth and RMT, Doolan and Others v The United Kingdom: ECHR 2 Jul 2002

McShane v The United Kingdom: ECHR 28 May 2002

HER Judgment (Merits and just satisfaction) Violation of Art. 2; No violation of Art. 6-1; No violation of Art. 14; No violation of Art. 13; Failure to comply with obligations under Article 34The deceased died during a riot in Northern Ireland. He was under a hoarding run over by an armoured vehicle. Six years later … Continue reading McShane v The United Kingdom: ECHR 28 May 2002

Frydlender v France: ECHR 27 Jun 2000

The reasonableness of the length of proceedings must be assessed in the light of the circumstances of the case and with reference to the criteria established by its case-law, particularly the complexity of the case, the conduct of the applicant and of the relevant authorities and what was at stake for the applicant in the … Continue reading Frydlender v France: ECHR 27 Jun 2000

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 – Convention proceedingsThe claimant said that he had been severely beaten whilst detained in police custody for interview. Held: ‘Article 3 enshrines one of the most fundamental values … Continue reading Selmouni v France: ECHR 28 Jul 1999

Van Mechelen And Others v The Netherlands: ECHR 23 Apr 1997

A Dutch court had convicted the applicants of attempted manslaughter and robbery on the basis of statements made, before their trial, by anonymous police officers, none of whom gave evidence before the Regional Court or the investigating judge. The Court of Appeal referred the case to the investigating judge who arranged hearings in which he, … Continue reading Van Mechelen And Others v The Netherlands: ECHR 23 Apr 1997

De Geouffre De La Pradelle v France: ECHR 16 Dec 1992

Hudoc Judgment (Merits and just satisfaction) Preliminary objection rejected (non-exhaustion); Violation of Art. 6-1; Not necessary to examine Art. 13; Pecuniary damage – financial award; Costs and expenses partial award – Convention proceedings Citations: [1992] ECHR 76, 12964/87 Links: Worldlii, Bailii Statutes: European Convention on Human Rights Cited by: Cited – Greenfield, Regina (on the … Continue reading De Geouffre De La Pradelle v France: ECHR 16 Dec 1992

Regina v Secretary of State for Home Department ex parte Turgut: CA 28 Jan 2000

When the Court of Appeal was asked to look at the decision of the Home Secretary on an appeal to him for asylum, the court should investigate the factual circumstances which lay behind the decision. The court must follow the practice of the European Court of Human Rights in such matters. Where the Home Secretary … Continue reading Regina v Secretary of State for Home Department ex parte Turgut: CA 28 Jan 2000

Maurice v France: ECHR 2005

Citations: (2005) 42 EHRR 885 Statutes: European Convention on Human Rights Cited by: Cited – AXA General Insurance Ltd and Others v Lord Advocate and Others SC 12-Oct-2011 Standing to Claim under A1P1 ECHR The appellants had written employers’ liability insurance policies. They appealed against rejection of their challenge to the 2009 Act which provided … Continue reading Maurice v France: ECHR 2005

Albert And Le Compte v Belgium (Article 50): ECHR 24 Oct 1983

The applicants were Belgian nationals and medical practitioners. Dr Le Compte was suspended from practising medicine for two years for an offence against professional discipline. He appealed to the Appeals Council, alleging violations of Article 6. In his absence the Appeals Council rejected his case and substituted for the two year suspension a direction to … Continue reading Albert And Le Compte v Belgium (Article 50): ECHR 24 Oct 1983

Mcginley and Egan v United Kingdom: ECHR 9 Jun 1998

Failure to disclose medical records of damages applicants and military records did not amount to a denial of access to justice nor breach of right of privacy. Hudoc Preliminary objection joined to merits (non-exhaustion); No violation of Art. 6-1; Not necessary to examine preliminary objection (non-exhaustion) (Art. 6-1); No violation of Art. 8; Not necessary … Continue reading Mcginley and Egan v United Kingdom: ECHR 9 Jun 1998

Postnova v Russia: ECHR 3 Oct 2017

ECHR Judgment : Violation of Article 6+P1-1-1 – Right to a fair trial Article 6 – Enforcement proceedings Article 6-1 – Access to court Ar… Citations: 50113/07, [2017] ECHR 809 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 07 April 2022; Ref: scu.607998

Mavrakis v Greece: ECHR 7 Sep 2017

ECHR Judgment : Violation of Article 6 – Right to a fair trial Article 6 – Administrative proceedings Article 6-1 – Reasonable time Citations: 21591/13, [2017] ECHR 769 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 07 April 2022; Ref: scu.607871

Xenos v Greece: ECHR 13 Jul 2017

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

Velkova v Bulgaria: ECHR 13 Jul 2017

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

Shuli v Greece: ECHR 13 Jul 2017

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

Ozols v Latvia: ECHR 13 Jul 2017

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

Tunc v Turkey: ECHR 13 Jun 2017

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