Maurer v Austria: ECHR 17 Jan 2002

Hudoc Judgment (Merits and just satisfaction) Preliminary objection rejected (non-exhaustion); Violation of Art. 6-1; Non-pecuniary damage – financial award; Costs and expenses partial award – domestic proceedings; Costs and expenses partial award – Convention proceedings
The applicant alleged that criminal proceedings against him had been unreasonably protracted. In 1994 defamation proceedings had been begun against him. An altercation was alleged to follow. He was convicted of insult in 1998.
Held: The defence that the applicant had not exhausted his national rights did not succeed. The reasonableness of the length of proceedings is to be assessed in the light of the particular circumstances of the case, regard being had to the criteria laid down in the Court’s case-law, in particular the complexity of the case, the applicants’ conduct and the conduct of the competent authorities. In this case that time limit had been breached.

Citations:

50110/99, [2002] ECHR 7

Links:

Worldlii, Bailii

Jurisdiction:

Human Rights

Human Rights

Updated: 06 July 2022; Ref: scu.167385