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These cases are from the lawindexpro database. They are now being transferred to the swarb.co.uk website in a better form. As a case is published there, an entry here will link to it. The swarb.co.uk site includes many later cases.  














Human Rights - From: 1993 To: 1993

This page lists 88 cases, and was prepared on 28 July 2015.

 
Karaduman -v- Turkey (1993) 74 DR 93
1993
ECHR

Human Rights, Education
(Commission) The applicant had been refused a certificate of graduation because the school required a photograph of her without a headscarf and she was unwilling for religious reasons to be photographed without a headscarf. Held: There had been no interference with her article 9 right in that "by choosing to pursue her higher education in a secular university a student submits to those university rules, which may make the freedom of students to manifest their religion subject to restrictions as to place and manner intended to ensure harmonious coexistence between students of different beliefs".
European Convention on Human Rights 9
1 Citers


 
S and M -v- United Kingdom (1993) 18 EHRR CD 172
1993
ECHR

Human Rights, Defamation
The defendants to an action in defamation by McDonalds, who were acting in person, sought to make a complaint to the Strasbourg Court that the proceedings infringed their Article 10 rights of freedom of expression. One ground was that the law of the United Kingdom did not place 'restrictions on damages' which might be awarded. Held: The complaint was 'manifestly ill-founded': "… the freedom conferred by Article 10 of the Convention is not of an absolute, unfettered nature. It does not authorise the publication of defamatory material. On the contrary, the second paragraph of Article 10 offers specific protection for the "reputation or rights of others". McDonalds are, therefore, entitled to seek the determination of their civil rights to a good reputation and, if successful, the protection of that reputation against an alleged libel. Similarly the applicants are entitled to defend themselves against McDonald's writ in the determination of their civil right to free speech and fair comment in matters of public interest. . . . The Commission does not find that the matters which may involve the responsibility of the respondent Government under the Convention, namely a lack of legal aid, simplified procedures or restrictions on damages, essentially interfere with the applicants' freedom of expression. They have published their views, upon which there was no prior restraint, and, if those views are subsequently found to be libellous, any ensuing sanctions would in principle be justified for the protection of the reputation and rights, within the meaning of Article 10(2) of the Convention."
1 Citers


 
Yasanik -v- Turkey (1993) 74 DR 14
1993
ECHR

Human Rights, Education
(Commission) The applicant had been expelled from a military academy, and complained of the infringement of his article 2 rights. Held: There was no denial of the right to education because the Turkish education system also included civilian establishments in which he could enrol.
European Convention on Human Rights A2
1 Citers



 
 Saïdi -v- France; ECHR 1993 - (1993) 17 EHRR 251; 14647/89
 
Yanasik -v- Turkey 14524/89; [1993] ECHR 63
6 Jan 1993
ECHR

Human Rights

European Convention on Human Rights
[ Bailii ]
 
W -v- Switzerland [1993] ECHR 1; 14379/88; [1993] ECHR 1
26 Jan 1993
ECHR

Human Rights

[ Bailii ] - [ ECHR ] - [ Bailii ]
 
Pine Valley Developments Ltd And Others -v- Ireland (Article 50) 12742/87; [1991] ECHR 55; [1993] ECHR 2
9 Feb 1993
ECHR

Human Rights
Hudoc Judgment (Just satisfaction) Pecuniary damage - financial award; Non-pecuniary damage - financial award; Costs and expenses award - domestic proceedings; Costs and expenses partial award - Convention proceedings
[ Bailii ] - [ Bailii ] - [ ECHR ] - [ ECHR ] - [ Bailii ] - [ Bailii ]
 
ZanghÌ -v- Italy (Article 50) 11491/85
10 Feb 1993
ECHR

Human Rights
Hudoc Judgment (Just satisfaction) Pecuniary damage - claim rejected


 
 Derbyshire County Council -v- Times Newspapers Ltd and Others; HL 18-Feb-1993 - Gazette, 07 April 1993; [1993] AC 534; [1992] UKHL 6; [1992] QB 770; [1992] 3 WLR 28; [1993] 1 All ER 1011
 
Fey -v- Austria [1993] ECHR 4; 14396/88; [1993] ECHR 4
24 Feb 1993
ECHR

Human Rights

[ Bailii ] - [ ECHR ] - [ Bailii ]
 
Miailhe -v- France (No 1) [1993] ECHR 8; [1993] ECHR 60; 12661/87; [1993] ECHR 8; [1993] ECHR 60
25 Feb 1993
ECHR

Human Rights
Hudoc Judgment (Merits and just satisfaction) Preliminary objection rejected (non-exhaustion); Violation of Art. 8; Just satisfaction reserved
1 Citers

[ Bailii ] - [ Bailii ] - [ ECHR ] - [ ECHR ] - [ Bailii ] - [ Bailii ]
 
Dobbertin -v- France [1993] ECHR 6; 13089/87; [1993] ECHR 6
25 Feb 1993
ECHR

Human Rights
Hudoc Judgment (Merits and just satisfaction) Violation of Art. 6-1; Non-pecuniary damage - financial award; Costs and expenses award - Convention proceedings; Costs and expenses partial award - domestic proceedings
[ Bailii ] - [ ECHR ] - [ Bailii ]
 
Cremieux -v- France [1993] ECHR 5; 11471/85; [1993] ECHR 5
25 Feb 1993
ECHR

Human Rights
Hudoc Judgment (Merits and just satisfaction) Preliminary objection rejected (non-exhaustion); Violation of Art. 8; Not necessary to examine Art. 6-3; Not necessary to examine Art. 10; Non-pecuniary damage - finding of violation sufficient; Costs and expenses partial award - domestic proceedings; Costs and expenses partial award - Convention proceedings
[ Bailii ] - [ ECHR ] - [ Bailii ]
 
Funke -v- France (1993) 16 EHRR 297; 10828/84; [1993] ECHR 7; (1993) Series A No 256-A; [1993] ECHR 7
25 Feb 1993
ECHR

Human Rights
M. Funke successfully challenged his conviction for failing to provide documents which the customs authorities had demanded of him, on the grounds that his rights under Article 6 had been infringed: "The Court notes that the customs secured Mr. Funke's conviction in order to obtain certain documents which they believed must exist, although they were not certain of the fact. Being unable or unwilling to procure them by some other means, they attempted to compel the applicant himself to provide the evidence of offences he had allegedly committed. The special features of customs law cannot justify such an infringement of the right of 'anyone charged with a criminal offence' within the autonomous meaning of this expression in Article 6, to remain silent and not to contribute to incriminating itself."
European Convention on Human Rights 6
1 Citers

[ Bailii ] - [ ECHR ] - [ Bailii ]
 
Billi -v- Italy [1993] ECHR 9; 15118/89; [1993] ECHR 9
26 Feb 1993
ECHR

Human Rights
Hudoc Judgment (Merits and just satisfaction) Violation of Art. 6-1; Pecuniary damage - financial award; Non-pecuniary damage - financial award
[ Bailii ] - [ ECHR ] - [ Bailii ]
 
Padovani -v- Italy [1993] ECHR 12; 13396/87
26 Feb 1993
ECHR

Human Rights, Criminal Practice, Magistrates
Hudoc The Court considered the compatibility with Article 6(1) of a magistrate's dual function of investigation and judgment. Held: The summary investigative measures carried out by the magistrate in the particular case did not give rise to an objectively justified fear that he lacked impartiality when acting thereafter as judge in the case.
European Convention on Human Rights 6(1)
1 Citers

[ Bailii ] - [ ECHR ] - [ Bailii ]
 
Pizzetti -v- Italy 12444/86; [1993] ECHR 13; [1993] ECHR 13
26 Feb 1993
ECHR

Human Rights
Hudoc Judgment (Merits and just satisfaction) Violation of Art. 6-1; Not necessary to examine Art. 13; Non-pecuniary damage - financial award; Costs and expenses award - Convention proceedings
[ Bailii ] - [ ECHR ] - [ Bailii ]
 
De Micheli -v- Italy [1993] ECHR 10; 12775/87
26 Feb 1993
ECHR

Human Rights
Hudoc Judgment (Merits and just satisfaction) Violation of Art. 6-1; Pecuniary damage - claim rejected; Non-pecuniary damage - financial award; Costs and expenses award - Convention proceedings
[ Bailii ] - [ ECHR ] - [ Bailii ]
 
Trevisan -v- Italy [1993] ECHR 15; 13688/88; [1993] ECHR 15
26 Feb 1993
ECHR

Human Rights
Hudoc Judgment (Merits and just satisfaction) Violation of Art. 6-1; Pecuniary damage - claim rejected; Non-pecuniary damage - financial award; Costs and expenses award - Convention proceedings
[ Bailii ] - [ ECHR ] - [ Bailii ]
 
Messina -v- Italy 13803/88; [1993] ECHR 11; [1993] ECHR 11
26 Feb 1993
ECHR

Human Rights
Hudoc Judgment (Merits and just satisfaction) Violation of Art. 6-1; Violation of Art. 8; Pecuniary damage - claim rejected; Non-pecuniary damage - financial award
[ Bailii ] - [ ECHR ] - [ Bailii ]
 
Re Maychell Independent, 26 February 1993
26 Feb 1993
QBD

Human Rights
Military detention for 75 days may be justified for a serious offence.
Official Secrets Act 1989 1

 
Salesi -v- Italy [1993] ECHR 14; 13023/87; (1998) 26 EHRR 187
26 Feb 1993
ECHR

Human Rights
Hudoc Judgment (Merits and just satisfaction) Violation of Art. 6-1; Pecuniary damage - financial award; Non-pecuniary damage - financial award; Costs and expenses award - Convention proceedings
1 Citers

[ Bailii ] - [ ECHR ] - [ Bailii ]

 
 Regina -v- Brown (Anthony); Regina -v- Lucas;etc; HL 11-Mar-1993 - Independent, 12 March 1993; [1994] 1 AC 212; [1992] UKHL 7; [1993] 2 WLR 556; [1993] 2 All ER 75
 
Costello-Roberts -v- The United Kingdom Independent, 26 March 1993; 13134/87; (1993) 19 EHRR 112; [1993] ECHR 16
25 Mar 1993
ECHR

Education, Human Rights
'Slippering', a punishment by hitting a child with a slipper, when used as part of school discipline was not a degrading punishment under the convention. Conduct must attain a minimum level of severity to engage the operation of the Convention.
European Convention on Human Rights 3 8 13
1 Citers

[ Bailii ] - [ ECHR ] - [ Bailii ]

 
 Rantzen -v- Mirror Group Newspapers (1986) Ltd and Others; CA 1-Apr-1993 - Times, 06 April 1993; Independent, 01 April 1993; [1994] QB 670; [1993] 4 All ER 975; [1993] EWCA Civ 16
 
David Esbester -v- United Kingdom 18601/91; [1993] ECHR 64; (1994) 18 EHRR CD72
2 Apr 1993
ECHR

Human Rights
(Commission) The claimant had been refused employment within the Central Office of Information. He had been accepted subject to clearance, but that failed. He objected that he had been given no opportunity to object to the material oin which his rejection had been based. Held: The complaints were manifestly unfounded. As to Article 8: "In the absence of any evidence or indication that the system is not functioning as required by domestic law, the Commission finds that the framework of safeguards achieves a compromise between the requirements of defending democratic society and the rights of the individual which is compatible with the provisions of the Convention. Consequently it concludes that the interference in the present case was necessary in a democratic society in the interests of national security."
European Convention on Human Rights 8
1 Cites

1 Citers

[ Bailii ]
 
Kraska -v- Switzerland [1993] ECHR 17; 13942/88; [1993] ECHR 17
19 Apr 1993
ECHR

Human Rights

[ Bailii ] - [ ECHR ] - [ Bailii ]
 
Modinos -v- Cyprus (Case 7/1992/352/426) Ind Summary, 24 May 1993; Times, 17 May 1993; [1993] ECHR 19; 15070/89; [1993] ECHR 19
22 Apr 1993
ECHR

Human Rights, Discrimination
The Cyprus law making criminal homosexual acts carried out in private is in breach of the Con?ention.
Hudoc Judgment (Merits and just satisfaction) Violation of Art. 8; Non-pecuniary damage - finding of violation sufficient; Costs and expenses partial award - Convention proceedings
European Convention on Human Rights art 8
[ Bailii ] - [ ECHR ] - [ Bailii ]
 
Application Of The Convention On The Prevention And Punishment Of The Crime Of Genocide (Bosnia And Herzegovina V. Serbia And Montenegro) Times, 03 May 1993
3 May 1993
ICJ

Human Rights, International
The ICJ Court may make interim orders despite doubts on status of parties and facts.
Convention On The Prevention And Punishment Of The Crime Of Genocide 48
[ ICJ ]
 
Sibson -v- United Kingdom (Case 4/1992/349/422) Ind Summary, 24 May 1993; Times, 17 May 1993; [1993] ECHR 18; 14327/88; [1993] ECHR 18
17 May 1993
ECHR

Human Rights, Employment
Employer insisting that an employee join a particular union on a site is not breaching the employees convention rights.
Hudoc Preliminary objection joined to merits (non-exhaustion); No violation of Art. 11
[ Bailii ] - [ ECHR ] - [ Bailii ]

 
 Regina -v- Secretary of State Home Department, ex parte Leech (No 2); CA 20-May-1993 - Independent, 20 May 1993; Times, 20 May 1993; [1994] QB 198; [1993] EWCA Civ 12; [1993] 3 WLR 1125

 
 Kokkinakis -v- Greece; ECHR 25-May-1993 - Independent, 16 June 1993; Times, 11 June 1993; 14307/88; [1993] 17 EHRR 397; [1993] ECHR 20

 
 Brannigan and McBride -v- The United Kingdom; ECHR 26-May-1993 - Times, 28 May 1993; Independent, 28 May 1993; 5/1992/350/423-424; 14554/89; 14553/89; (1993) 17 EHRR 539; [1993] ECHR 21; (2006) 43 EHRR SE10; (1994) 17 EHRR 539
 
Brannigan And McBride -v- The United Kingdom 14553/89; [1993] ECHR 21; 14554/89
26 May 1993
ECHR

Human Rights
ECHR Judgment (Merits) - Derogation of Art. 5-3 satisfies the requirements of Art. 15; No violation of Art. 5-5; No violation of Art. 13.
European Convention on Human Rights
[ Bailii ] - [ ECHR ]
 
Bunkate -v- The Netherlands (1993) 19 EHRR 477; 13645/88; [1993] ECHR 22; [1993] ECHR 22
26 May 1993
ECHR

Human Rights
Hudoc Judgment (Merits and just satisfaction) Case not struck out of the list; Violation of Art. 6-1; Pecuniary damage - claim rejected; Non-pecuniary damage - claim rejected
1 Citers

[ Bailii ] - [ ECHR ] - [ Bailii ]
 
K -v- Austria 16002/90; [1993] ECHR 23; [1993] ECHR 23
2 Jun 1993
ECHR

Human Rights
Hudoc Struck out of the list (friendly settlement)
[ Bailii ] - [ ECHR ] - [ Bailii ]
 
Zaklina Anastasovska -v- The Former Yugoslav Republic Of Macedonia 657/05; [1993] ECHR 1151
15 Jun 1993
ECHR

Human Rights

European Convention on Human Rights
[ Bailii ]
 
Melin -v- France [1993] ECHR 24; 12914/87
22 Jun 1993
ECHR

Human Rights

[ Bailii ] - [ ECHR ] - [ Bailii ]
 
Lamguindaz -v- The United Kingdom Times, 11 August 1993; 16152/90; [1993] ECHR 26
23 Jun 1993
ECHR

Human Rights
There was no need for the court to determine the issue of whether there had been a breach of the convention after a friendly settlement
Hudoc Struck out of the list (friendly settlement)
European Convention on Human Rights
[ Bailii ] - [ ECHR ] - [ Bailii ]

 
 Ruiz-Mateos -v- Spain; ECHR 23-Jun-1993 - 12952/87; [1993] ECHR 27
 
Schuler-Zgraggen -v- Switzerland 14518/89; [1993] ECHR 29; [1995] ECHR 2
24 Jun 1993
ECHR

Human Rights
Hudoc Judgment (Merits and just satisfaction) Preliminary objection rejected (victim); Preliminary objection rejected (non-exhaustion); Lack of jurisdiction (new complaint); Violation of Art. 14+6-1; No violation of Art. 6-1; Non-pecuniary damage - finding of violation sufficient; Pecuniary damage - reserved; Costs and expenses partial award - domestic proceedings; Costs and expenses partial award - Convention proceedings
1 Citers

[ Bailii ] - [ Bailii ] - [ ECHR ] - [ ECHR ]
 
Papamichalopoulos And Others -v- Greece [1993] ECHR 28; [1995] ECHR 45; 14556/89; (1993) 16 EHRR 440; [1993] ECHR 28; [1995] ECHR 45
24 Jun 1993
ECHR

Human Rights
Expropriation notices, which were eventually withdrawn, constituted neither deprivation of property nor control of use, but "The fact that the permits fell within the ambit of neither of the second sentence of the first paragraph nor of the second paragraph does not mean that the interference with the [right guaranteed by Article 1P1] violated the rule contained in the first sentence of the first paragraph." and "For the purposes of the latter provision, the court must determine whether a fair balance was struck between the demands of the general interests of the community and the requirements of the protection of the individual's fundamental rights. The search for the balance is inherent in the whole of the Convention and is also reflected in the structure of Article 1."
1 Citers

[ Bailii ] - [ Bailii ] - [ ECHR ] - [ ECHR ] - [ Bailii ] - [ Bailii ]
 
Schuler-Zgraggen -v- Switzerland 14518/89; [1993] ECHR 29
24 Jun 1993
ECHR

Human Rights
The court considered a contributory invalidity scheme: "today the general rule is that Article 6(1) does apply in the field of social insurance, including even welfare assistance . . State intervention is not sufficient to establish that Article 6(1) is inapplicable; other considerations argue in favour of the applicability of Article 6(1) in the instant case. The most important of these lies in the fact that despite the public-law features pointed out by the Government, the applicant was not only affected in her relations with the administrative authorities as such but also suffered an interference with her means of subsistence; she was claiming an individual, economic right flowing from specific rules laid down in a federal statute."
European Convention on Human Rights 6
1 Citers

[ Bailii ]
 
Windisch -v- Austria (Article 50) 12489/86
28 Jun 1993
ECHR

Human Rights
Hudoc Judgment (Just satisfaction) Pecuniary damage - claim rejected; Non-pecuniary damage - claim rejected

 
Colman -v- The United Kingdom Times, 11 August 1993; [1993] ECHR 30; 16632/90; [1993] ECHR 30
28 Jun 1993
ECHR

Litigation Practice, Human Rights
The Court of Human Rights may strike out a claim under the convention even after a friendly settlement.
Hudoc Struck out of the list (friendly settlement)
[ Bailii ] - [ ECHR ] - [ Bailii ]
 
Sigurdur A Sigurjonsson -v- Iceland Times, 27 July 1993; [1993] ECHR 32; 16130/90; 24/1992/369/443; [1993] 16 EHRR 462
30 Jun 1993
ECHR

Human Rights
The making compulsory of the membership of a specific organisation was a breach of the right of freedom of association.
Hudoc Judgment (Merits and just satisfaction) Violation of Art. 11; Not necessary to examine Art. 9; Not necessary to examine Art. 10; Not necessary to examine Art. 13; Costs and expenses partial award - Convention proceedings
1 Citers

[ Bailii ] - [ ECHR ] - [ Bailii ]
 
Regina -v- Secretary of State Home Department, ex parte Mehmet Colak Times, 06 July 1993
6 Jul 1993
CA

Human Rights, Immigration, European
The Home Office was entitled to return refugees to the country in which they had first stopped if it was a Community State.
1 Cites

1 Citers


 
Hoffmann -v- Austria (Case No 15/1992/360/434) Times, 27 July 1993; [1993] ECHR 25; 12875/87; (1993) 17 EHRR 293; [1993] ECHR 25
27 Jul 1993
ECHR

Human Rights, Ecclesiastical
It was a breach of the Convention when parental rights were refused to Jehovah's Witnesses with regard to the right to refuse to accept a blood transfusion.
Hudoc Judgment (Merits and just satisfaction) Violation of Art. 14+8; Not necessary to examine Art. 8; Not necessary to examine Art. 9; Not necessary to examine P1-2; Costs and expenses award - Convention proceedings
European Convention on Human Rights 8 14
1 Citers

[ Bailii ] - [ ECHR ] - [ Bailii ]
 
Kunnath -v- the State Times, 30 July 1993; Gazette, 13 October 1993
30 Jul 1993
PC

Criminal Practice, Human Rights, Commonwealth
The requirement that a trial must take place in the presence of the defendant is not limited to physical presence, but also requires a defendant to have available as necessary adequate interpretation. Unless he understood what was going on, he could not be said to have had a fair trial. It is the judge's duty to ensure effective use of an interpreter. The defendant had made it clear that he had not understood the proceedings, but the Judge had continued. The conviction was quashed.

 
Regina -v- Cannons Park Mental Health Review Tribunal, Ex Parte A Times, 24 August 1993; Independent, 01 September 1993
24 Aug 1993
QBD

Health, Human Rights
It was unlawful to detain a psychopath for treatment where in fact his condition was untreatable.
Mental Health Act 1983 3(2)
1 Citers


 
Scuderi -v- Italy [1993] ECHR 35; 12986/87; [1993] ECHR 35
24 Aug 1993
ECHR

Human Rights
Hudoc Judgment (Merits and just satisfaction) Violation of Art. 6-1; Pecuniary damage - claim rejected; Non-pecuniary damage - financial award
[ Bailii ] - [ ECHR ] - [ Bailii ]
 
Nortier -v- The Netherlands [1993] ECHR 34; 13924/88; [1993] ECHR 34
24 Aug 1993
ECHR

Human Rights

[ Bailii ] - [ ECHR ] - [ Bailii ]
 
Massa -v- Italy [1993] ECHR 33; 14399/88; [1993] ECHR 33
24 Aug 1993
ECHR

Human Rights
Hudoc Judgment (Merits and just satisfaction) Violation of Art. 6-1; Pecuniary damage - claim rejected; Non-pecuniary damage - financial award; Costs and expenses award - Convention proceedings
[ Bailii ] - [ ECHR ] - [ Bailii ]
 
Chorherr -v- Austria [1993] ECHR 36; 13308/87; (1993) 17 EHRR 358; [1993] ECHR 36
25 Aug 1993
ECHR

Human Rights, Crime
The applicant was one of two arrested demonstrating against the Austrian armed forces at a military parade. They had rucksacks on their backs, with slogans on them. The rucksacks were so large that they blocked other spectators' view of the parade. This caused "a commotion" among the spectators who were protesting loudly at the obstruction. The demonstrators were arrested to prevent disorder. Held: In the circumstances it could not be said that the arrests had not been a proportionate way of preventing disorder. There had accordingly been no violation of the applicant's article 10 rights. The phrase "likely to cause annoyance" satisfied the requirement of reasonable certainty: "the level of precision required of the domestic legislation – which cannot in any case provide for every eventuality – depends to a considerable degree on the content of the instrument considered, the field it is designed to cover and the number and status of those to whom it is addressed."
European Convention on Human Rights 10
1 Citers

[ Bailii ] - [ ECHR ] - [ Bailii ]
 
Sekanina -v- Austria 13126/87; (1993) 17 EHRR 221; [1993] ECHR 37
25 Aug 1993
ECHR

Human Rights, Criminal Practice
The applicant was detained on remand for about a year on suspicion of murdering his wife. He was acquitted by a jury. He applied for compensation for costs incurred in his defence and pecuniary damage sustained during his detention under the relevant Austrian legislation. On the ground that suspicion remained concerning the applicant's involvement in his wife's death the Austrian authorities rejected the claim. Held: The court found a violation of article 6(2): "The voicing of suspicions regarding an accused's innocence is conceivable as long as the conclusion of criminal proceedings has not resulted in a decision on the merits of the accusation. However, it is no longer admissible to rely on such suspicions once an acquittal has become final" and "No authority may treat a person as guilty of a criminal offence unless he has been convicted by the competent court and in the case of an acquittal the authorities may not continue to rely on the charges which have been raised before that court but which have been proved to be unfounded. This rule also applies to courts which have to deal with non-criminal consequences of behaviour which has been subject to criminal proceedings. They must be bound by the criminal court's finding according to which there is no criminal responsibility for the acts in question although this naturally does not prevent them to establish, eg a civil responsibility arising out of the same facts."
European Convention on Human Rights 6(2)
1 Citers

[ Bailii ] - [ ECHR ] - [ Bailii ]
 
Pardo -v- France [1993] ECHR 38; [1996] ECHR 26; [1997] ECHR 24; 13416/87; [1996] ECHR 26; [1993] ECHR 38
20 Sep 1993
ECHR

Human Rights

[ Bailii ] - [ Bailii ] - [ Bailii ] - [ ECHR ] - [ ECHR ] - [ ECHR ] - [ Bailii ] - [ Bailii ]
 
Saidi -v- France [1993] ECHR 39; 14647/89; (1993) 17 EHRR 251; [1993] ECHR 39
20 Sep 1993
ECHR

Human Rights, Criminal Practice
S had been convicted on the basis of the evidence of drug addicts and in the situation where there was no opportunity to confront the witness. Held: "The court reiterates that the taking of evidence is governed primarily by the rules of domestic law, and that it is in principle for the national courts to assess the evidence before them. The court's task under the Convention is to ascertain whether the proceedings in their entirety, including the way in which evidence was taken, were fair. All the evidence must normally be produced in the presence of the accused at a public hearing, with a view to adversarial argument. However, the use as evidence of statements obtained at the stage of the police enquiry and judicial investigation is not in itself inconsistent with Article 6(3)(d) and (1) provided that the right to the defence had been respected. As a rule these rights require that the defendant be given an adequate and proper opportunity to challenge and question the witness against him either when he was making a statement or at a later stage of the proceedings." However there had been a breach of Article 6 since the testimony constituted "the sole basis" for the applicant's conviction, and the lack of any confrontation had deprived the defendant in certain respects of "a fair trial". The court recognised the difficulties of the fight against drug trafficking, but "such considerations cannot justify restricting to this extent the rights of the defence of everyone charged with a criminal offence."
European Convention on Human Rights 6
1 Citers

[ Bailii ] - [ ECHR ] - [ Bailii ]

 
 Zumtobel -v- Austria; ECHR 21-Sep-1993 - 12235/86; [1994] 17 EHRR 116; [1993] ECHR 41; [1993] ECHR 41
 
Kremzow -v- Austria [1993] ECHR 40; 12350/86; [1993] ECHR 40
21 Sep 1993
ECHR

Human Rights
Hudoc Judgment (Merits and just satisfaction) Preliminary objection joined to merits (non-exhaustion); No violation of Art. 6-1+6-3-b; No violation of Art. 6-1+6-3-c (pleas of nullity); Violation of Art. 6-1+6-3-c (appeals); No violation of Art. 6-1; No violation of Art. 6-2; Not necessary to examine Art. 14+6; Not necessary to examine Art. 14+5-1-a; Not necessary to examine Art. 13; Costs and expenses partial award - Convention proceedings
[ Bailii ] - [ ECHR ] - [ Bailii ]
 
Klaas -v- Germany [1993] ECHR 45; 15473/89; [1993] ECHR 45
22 Sep 1993
ECHR

Human Rights
Hudoc No violation of Art. 3; Not necessary to examine Art. 8
[ Bailii ] - [ ECHR ] - [ Bailii ]
 
Figus Milone -v- Italy [1993] ECHR 42; 13686/88; [1993] ECHR 42
22 Sep 1993
ECHR

Human Rights
Hudoc Preliminary objection allowed (out of time)
[ Bailii ] - [ ECHR ] - [ Bailii ]
 
Goisis -v- Italy [1993] ECHR 43; 15310/89; [1993] ECHR 43
22 Sep 1993
ECHR

Human Rights
Hudoc Preliminary objection allowed (out of time)
[ Bailii ] - [ ECHR ] - [ Bailii ]
 
Istituto Di Vigilanza -v- Italy [1993] ECHR 44; 13567/88; [1993] ECHR 44
22 Sep 1993
ECHR

Human Rights
Hudoc Preliminary objection allowed (out of time)
[ Bailii ] - [ ECHR ] - [ Bailii ]
 
Vermeire -v- Belgium (Article 50) 12849/87
4 Oct 1993
ECHR

Human Rights
Hudoc Judgment (Just satisfaction) Pecuniary damage - financial award; Costs and expenses partial award - domestic proceedings

 
Sculer-Zgragen -v- Switzerland Times, 21 October 1993
21 Oct 1993
ECHR

Human Rights, Discrimination
Assuming that a woman won't return to work after her child's birth is discriminatory.

 
Stamoulakatos -v- Greece [1993] ECHR 48; 12806/87; [1993] ECHR 48
26 Oct 1993
ECHR

Human Rights
Hudoc Preliminary objection allowed (ratione temporis); Preliminary objection allowed (non-exhaustion)
[ Bailii ] - [ ECHR ] - [ Bailii ]
 
Darnell -v- The United Kingdom Times, 24 November 1993; [1993] ECHR 47; 15058/89; [1993] ECHR 47
26 Oct 1993
ECHR

Human Rights
Where proceedings were too protracted, this amounted to a breach of European Convention on Human Rights.
Hudoc Judgment (Merits and just satisfaction) Violation of Art. 6-1; Non-pecuniary damage - financial award; Costs and expenses award - Convention proceedings
[ Bailii ] - [ ECHR ] - [ Bailii ]
 
Dombo Beheer BV -v- The Netherlands 14448/88; (1993) 18 EHRR 213; [1993] ECHR 49
27 Oct 1993
ECHR

Human Rights, Litigation Practice
'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-à-vis his opponent ' and "the contracting states have greater latitude when dealing with civil cases concerning civil rights and obligations than they have when dealing with criminal cases" and articles 6(2) and 6(3) may have "a certain relevance outside the strict confines of criminal law".
European Convention on Human Rights 6
1 Citers

[ Bailii ] - [ ECHR ] - [ Bailii ]
 
Monnet -v- France [1993] ECHR 50; 13675/88; [1993] ECHR 50
27 Oct 1993
ECHR

Human Rights

[ Bailii ] - [ ECHR ] - [ Bailii ]
 
Kemmache -v- France (Nos 1 And 2) (Article 50) 14992/89; 12325/86
2 Nov 1993
ECHR

Human Rights
Hudoc Judgment (Just satisfaction) Pecuniary damage - claim rejected; Non-pecuniary damage - financial award; Costs and expenses partial award - domestic proceedings; Costs and expenses partial award - Convention proceedings

 
Kemmache -v- France (Nos. 1 And 2) (Article 50) 14992/89; [1993] ECHR 51; 12325/86
2 Nov 1993
ECHR

Human Rights

European Convention on Human Rights
[ Bailii ]
 
Josip Krnic -v- Croatia 8854/04; [2007] ECHR 1137; [2008] ECHR 754
2 Nov 1993
ECHR

Human Rights

European Convention on Human Rights
[ Bailii ] - [ Bailii ]

 
 Pratt and Morgan -v- The Attorney General for Jamaica and Another; PC 2-Nov-1993 - Independent, 03 November 1993; Gazette, 19 January 1994; Times, 04 November 1993; [1993] UKPC 1; [1994] 2 AC 1; Appeal No 10 of 1993; [1993] UKPC 37
 
Kemmache -v- France (Nos. 1 And 2) (Article 50) 14992/89; 12325/86
2 Nov 1993
ECHR

Human Rights
ECHR Judgment (Just Satisfaction) - Pecuniary damage - claim rejected; Non-pecuniary damage - financial award; Costs and expenses partial award - domestic proceedings; Costs and expenses partial award - Convention proceedings.
[ ECHR ]
 
Walker and Another -v- Regina; Douglas -v- The Same; Glanville -v- Same Times, 04 November 1993; Gazette, 19 January 1994; Independent, 11 November 1993; [1994] 2 AC 36
4 Nov 1993
PC

Criminal Practice, Human Rights, Commonwealth, Constitutional
The Privy Council lacked jurisdiction to hear appeals against sentence on ground of delay, and until all domestic remedies have been exhausted.
1 Citers



 
 Regina -v- Horseferry Road Justices, Ex Parte Bennett (No 2); QBD 12-Nov-1993 - Independent, 12 November 1993; Times, 01 April 1994; Times, 26 November 1993; Independent, 06 May 1994; [1993] CLY 809
 
Scopelliti -v- Italy [1993] ECHR 55; 15511/89; [1993] ECHR 55
23 Nov 1993
ECHR

Human Rights
Hudoc Judgment (Merits and just satisfaction) Violation of Art. 6-1; Pecuniary damage - claim rejected; Non-pecuniary damage - finding of violation sufficient; Costs and expenses award - Convention proceedings
[ Bailii ] - [ ECHR ] - [ Bailii ]
 
Poitrimol -v- France 14032/88; (1993) 18 EHRR 130; [1993] ECHR 54; [1993] ECHR 54; [1993] ECHR 62
23 Nov 1993
ECHR

Human Rights
Hudoc Judgment (Merits and just satisfaction) Violation of Art. 6-1+6-3-c; Pecuniary damage - claim rejected; Non-pecuniary damage - claim rejected; Costs and expenses partial award - domestic proceedings; Costs and expenses partial award - Convention proceedings
1 Citers

[ Bailii ] - [ ECHR ] - [ Bailii ] - [ Bailii ]
 
Navarra -v- France [1993] ECHR 53; 13190/87; [1993] ECHR 53
23 Nov 1993
ECHR

Human Rights
Hudoc Preliminary objection rejected (non-exhaustion); No violation of Art. 5-4
[ Bailii ] - [ ECHR ] - [ Bailii ]
 
A -v- France [1993] ECHR 52; 14838/89; [1993] ECHR 52
23 Nov 1993
ECHR

Human Rights
Hudoc Judgment (Merits and just satisfaction) Preliminary objection rejected (out of time); Preliminary objection rejected (non-exhaustion); Violation of Art. 8; Non-pecuniary damage - finding of violation sufficient; Costs and expenses partial award - domestic proceedings; Costs and expenses partial award - Convention proceedings
[ Bailii ] - [ ECHR ] - [ Bailii ]
 
Imbrioscia -v- Switzerland [1993] ECHR 56; 13972/88; (1994) 17 EHRR 441
24 Nov 1993
ECHR
Ryssdal, President, De Meyer J
Human Rights, Criminal Practice
The applicant had been questioned several times without access to a lawyer while he was in police custody. Held: Overall there had been no breach of article 6(1). The right set out in article 6(3)(c) is one element, among others, of the concept of a fair trial in criminal proceedings in article 6(1). The way in which articles 6(1) and 6(3)(c) were to be applied during the preliminary investigation depended on the special features of the proceedings and on the circumstances of the case.
Judge De Meyer (dissenting) said that the court had failed to recognise the rules governing the right to legal advice during custodial interrogation which the Supreme Court has summarised in its Miranda judgment and which he said belonged to the very essence of fair trial.
European Convention of Human Rights 6(1) 6(3)(c)
1 Cites

1 Citers

[ Bailii ] - [ ECHR ] - [ Bailii ]
 
Informationsverein Lentia And Others -v- Austria 13914/88; [1993] ECHR 57
24 Nov 1993
ECHR

Human Rights

European Convention on Human Rights
[ Bailii ]
 
Informationsverein Lentia And Others -v- Austria 15717/89; [1993] ECHR 57; 13914/88; 15041/89
24 Nov 1993
ECHR

Human Rights

European Convention on Human Rights
[ Bailii ]
 
Informationsverein Lentia And Others -v- Austria 15717/89; 13914/88; 15041/89
24 Nov 1993
ECHR

Human Rights
ECHR Judgment (Merits and Just Satisfaction) - Violation of Art. 10; Not necessary to examine Art. 14+10; Pecuniary damage - claim rejected; Costs and expenses partial award - domestic proceedings; Costs and expenses partial award - Convention proceedings.
[ ECHR ]
 
Holm -v- Sweden [1993] ECHR 58; 14191/88; [1993] ECHR 58
25 Nov 1993
ECHR

Human Rights
Hudoc Judgment (Merits and just satisfaction) Violation of Art. 6-1; Non-pecuniary damage - finding of violation sufficient; Costs and expenses partial award - domestic proceedings; Costs and expenses partial award - Convention proceedings
[ Bailii ] - [ ECHR ] - [ Bailii ]
 
Zander -v- Sweden 14282/88; [1993] ECHR 59; [1993] 18 EHRR 175; (1993) 18 EHRR 175
25 Nov 1993
ECHR

Human Rights
Hudoc Judgment (Merits and just satisfaction) Violation of Art. 6-1; Non-pecuniary damage - financial award; Costs and expenses award - Convention proceedings
1 Citers

[ Bailii ] - [ ECHR ] - [ Bailii ]
 
Miailhe -v- France (Article 50) 12661/87
29 Nov 1993
ECHR

Human Rights
Hudoc Judgment (Just satisfaction) Pecuniary damage - claim rejected; Non-pecuniary damage - financial award; Costs and expenses partial award - domestic proceedings; Costs and expenses award - Convention proceedings
1 Cites


 
Informationsverein Lentia Etal -v- Austria Times, 01 December 1993; 13914/88; 15041/89; (1993) 17 EHRR 93
1 Dec 1993
ECHR

Human Rights, Media
A prohibition on the setting up and operating of a broadcasting station is capable of being violation.
Hudoc Judgment (Merits and just satisfaction) Violation of Art. 10; Not necessary to examine Art. 14+10; Pecuniary damage - claim rejected; Costs and expenses partial award - domestic proceedings; Costs and expenses partial award - Convention proceedings 13914/88; 15041/89; 15717/89; 15779/89; 17207/90
European Convention on Human Rights 10
1 Citers


 
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