A commanding officer had decided that a soldier should be held in custody pending trial. The soldier complained that since the same commanding officer would later be involved in the preparation of the case against him, that decision was tainted and that he had not had a fair hearing. Furthermore he complained that he had not been given any effective means of redress. It was held that the procedure infringed the soldier’s rights to a fair trial, and also that no remedy was given.
Hudoc Judgment (Merits and just satisfaction) Violation of Art. 5-3; Violation of Art. 5-5; Non-pecuniary damage – finding of violation sufficient; Costs and expenses partial award – Convention proceedings
Times 17-Mar-2000, 30280/96, [2000] ECHR 103
Worldlii, Bailii
European Convention on Human Rights
Human Rights
Cited by:
Cited – Regina (Amin) v Secretary of State for the Home Department; Regina (Middleton) v Coroner for West Somersetshire CA 27-Mar-2002
A prisoner had been killed in his cell by a cell-mate known to be unstable and racist. His family sought to be involved in the inquiry into the death within the prison system. A second prisoner hanged himself in his cell. His family alleged that he . .
Lists of cited by and citing cases may be incomplete.
Updated: 23 August 2021; Ref: scu.165830
