ECHR Judgment (Merits and Just Satisfaction) – Violation of Art. 6-1; Pecuniary and non-pecuniary damage – financial award; Costs and expenses partial award – Convention proceedings.
The defendant had already been charged with offences when he was called for interview and obliged to answer questions from a financial investigator. His answers would have been admissible at trial against him. The prosecution was not eventually pursued.
Held: The complainant was entitled not to be called upon to answer such questions even if eventually they would not in fact have been used. The obligation to attend for interview was not compatible with his right not to incriminate himself.
Citations:
6563/03, Times 12-Oct-2005, [2009] ECHR 2257
Links:
Statutes:
Proceeds of Crime (Northern Ireland) Order 1996, European Convention on Human Rights 6
Human Rights
Updated: 04 July 2022; Ref: scu.231010
