The Court dismissed an application from a person who had been convicted in absentia on an appeal and refused a hearing by the Netherlands Supreme Court because no appeal lay against proceedings in absentia: ‘The Court recalls that the right to a court guaranteed by article 6 of the Convention, of which the right of access is one aspect, is not absolute. It may be subject to limitations, particularly regarding the conditions of admissibility of an appeal. However, these limitations must not restrict exercise of the right in such a way or to such an extent that the very essence of the right is impaired. They must pursue a legitimate aim and there must be a reasonable proportionality between the means employed and the aim sought to be achieved. In addition, the compatibility of limitations under domestic law with the right of access to a court guaranteed by article 6 of the Convention will depend on the special features of the proceedings concerned and account must be taken of the whole of the proceedings conducted in the domestic legal order as well as the functions exercised by a court of cassation whose admissibility requirements are entitled to be more rigorous than those of an ordinary appeal court.’
38055/97, (2001) 37 EHRR 892, [2001] ECHR 597
Worldlii, Bailii
Human Rights
Cited by:
Cited – Polanski v Conde Nast Publications Ltd HL 10-Feb-2005
The claimant wished to pursue his claim for defamation against the defendant, but was reluctant to return to the UK to give evidence, fearing arrest and extradition to the US. He appealed refusal of permission to be interviewed on video tape. Held . .
Lists of cited by and citing cases may be incomplete.
Updated: 06 September 2021; Ref: scu.166598