Hudoc The Court reconsidered the nature of the involvement of the Procureur general’s department in decisions taken by the Belgian Cour de Cassation. The Court sitting in plenary session reached, by a majority, a decision which effectively reversed Delcourt. In doing so the majority observed that the rights of the defence and the principle of equality of arms had: ‘undergone a considerable evaluation in the Court’s case-law, notably in respect of the importance attached to appearances and to the increased sensitivity of the public to the fair administration of justice.’ The Court re-analysed the facts and concluded that the prosecution was unfair in circumstances where the advocate general intervened at the hearing in a manner adverse to an appellant. This was because an appellant had no right of reply and might reasonably think, when the advocate general retired with the Court, that he would further urge that the appeal should be dismissed.
Citations:
[1991] ECHR 46, 12005/86, (1993) 15 EHRR 92
Links:
Jurisdiction:
Human Rights
Citing:
Not followed – Delcourt v Belgium ECHR 17-Jan-1970
The applicant had failed in appeals against conviction and sentence for offences of fraud and forgery before the Belgian Cour de Cassation. He complained that he had not enjoyed the right to a fair trial recognised by Article 6(1) of the Convention . .
Cited by:
Cited – In Re Medicaments and Related Classes of Goods (No 2); Director General of Fair Trading v Proprietary Association of Great Britain and Proprietary Articles Trade Association CA 21-Dec-2000
The claimants alleged that a connection between a member of the Restrictive Practices Court, who was to hear a complaint and another company, disclosed bias against them. She had not recused herself.
Held: When asking whether material . .
Lists of cited by and citing cases may be incomplete.
Human Rights
Updated: 04 June 2022; Ref: scu.165121