The applicant had been convicted of criminal offences. He submitted an appeal by way of a plea of nullity. He complained that the Appeal court dealt with his application without serving on him a copy of the advice given to the Court by the Procurator General and without giving him and opportunity to comment, infringing his right to a fair trial. The government replied that the comments of the Procurator General were not those of a prosecutor.
Held: The principle of equality of arms had not been respected. The defendant was entitled to know and have opportunity to comment upon representations made to the court.
Citations:
33382/96, [2002] ECHR 5
Links:
Statutes:
European Convention on Human Rights 6
Jurisdiction:
Human Rights
Citing:
Cited – Dombo Beheer BV v The Netherlands ECHR 27-Oct-1993
‘under the principle of equality of arms, as one of the features of the wider concept of a fair trial, each party must be afforded a reasonable opportunity to present his case under conditions that do not place him at a disadvantage vis-a-vis his . .
Cited – Bulut v Austria ECHR 22-Feb-1996
The Procurator General had submitted to the Supreme Court comments on a plea of nullity made by a defendant without bringing them to the attention of the accused.
Held: The principle of equality of arms had not been respected in the . .
Lists of cited by and citing cases may be incomplete.
Human Rights
Updated: 14 June 2022; Ref: scu.167427