The claimant had been a Russian spy whilst in British Intelligence, escaping from prison and fleeing to Russia in 1966. He now complained that an action by the respondent government to seek to recover royalties from a book had been so extended in time as to deny him a fair trial. The proceedings had lasted nine years and two months.
Held: The complaint was well founded. The proceedings against the applicant were not pursued with the diligence required and there had been a violation of article 6.1.
Judges:
J Casadevall, President, and Judges M. Pellonpaa, R. Maruste, S. Pavlovschi, L. Garlicki, J. Borrego Borrego and Judge ad hoc Lord Brown of Eaton under Heywood
Citations:
68890/01, [2006] ECHR 805, Times 11-Oct-2006, (2007) 44 EHRR 29
Links:
Statutes:
European Convention on Human Rights 6
Jurisdiction:
Human Rights
Cited by:
Cited – In re D; Doherty, Re (Northern Ireland); Life Sentence Review Commissioners v D HL 11-Jun-2008
The Sentence Review Commissioners had decided not to order the release of the prisoner, who was serving a life sentence. He had been released on licence from a life sentence and then committed further serious sexual offences against under-age girls . .
Cited – Legal Services Commission v Henthorn CA 30-Nov-2011
The Commission sought to recover what it said were payments made on account to the respondent barrister, but only after many years had passed. The Commission argued that time only began to run once it requested repayment.
Held: The appeal . .
Lists of cited by and citing cases may be incomplete.
Human Rights
Updated: 08 July 2022; Ref: scu.246501