Hudoc Judgment (Merits and just satisfaction) Preliminary objection joined to merits (non-exhaustion); Preliminary objection rejected (non-exhaustion); No violation of Art. 6-1+6-3-b; Violation of Art. 6-1+6-3-c; Pecuniary damage – claim rejected; Non-pecuniary damage – financial award; Costs and expenses partial award – Convention proceedings
If a specific feature is found to be a necessary condition of the fairness of a proceeding and national law precludes fulfilment of that condition, a finding of violation will follow and the inference must be drawn that the national law which precludes fulfilment of the condition is incompatible with article 6.
[1998] ECHR 54, 24294/94, (1998) 33 EHRR 584
Worldlii, Bailii
European Convention on Huma Rights 6
Human Rights
Cited by:
Cited – Hammond, Regina (on the Application of) v Secretary of State for the Home Department HL 1-Dec-2005
The claimants had been convicted of murder, but their tariffs had not yet been set when the 2003 Act came into effect. They said that the procedure under which their sentence tarriffs were set were not compliant with their human rights in that the . .
Lists of cited by and citing cases may be incomplete.
Updated: 12 September 2021; Ref: scu.165621
