Case Law

The Case Law database provides access to the case-law of the European Court of Human Rights (Grand Chamber, Chamber and Committee judgments, decisions, communicated cases, advisory opinions and legal summaries from the Case-Law Information Note), the European Commission of Human Rights (decisions and reports), the Committee of Ministers (resolutions), and the Court of Justice of the European Union.

Access to a Lawyer (Measure C1) (79 Entries)

Displaying 1-10 of (79)


CASE DATE:
Thursday, 9 Jul 2015
STATE:
Estonia
OUTCOME:
Violation of Article 6+6-3-c - Right to a fair trial (Article 6 - Criminal proceedings, Article 6-1 - Fair hearing) (Article 6 - Right to a fair trial, Article 6-3-c - Defence through legal assistance)
SUBJECT MATTER:

(Art. 6) Right to a fair trial (Art. 6) Criminal proceedings (Art. 6-1) Fair hearing (Art. 6-3-C) Defence through legal assistance


  • DETAIL:

    The applicant alleged that his right to a fair trial and to defend himself through legal assistance of his own choosing had been violated as a court refused to examine his complaint in respect of a misdemeanour fine because he had been absent from the hearing although his counsel had been present.


    COURT:
    ECHR
    ARTICLE:
    6, 6+6-3-c, 6-1, 6-3-c

CASE DATE:
Tuesday, 7 Jul 2015
STATE:
Armenia
OUTCOME:
Preliminary objection joined to merits and dismissed (Article 35-1 - Exhaustion of domestic remedies) Remainder inadmissible Violation of Article 6 - Right to a fair trial (Article 6 - Civil proceedings, Article 6-1 - Access to court) Pecuniary damage - claim dismissed (Article 41 - Pecuniary damage, Just satisfaction) Non-pecuniary damage - award (Article 41 - Non-pecuniary damage, Just satisfaction)
SUBJECT MATTER:

(Art. 6) Right to a fair trial (Art. 6) Civil proceedings (Art. 6-1) Access to court (Art. 35) Admissibility criteria (Art. 35-1) Exhaustion of domestic remedies (Art. 41) Just satisfaction-{general} (Art. 41) Just satisfaction (Art. 41) Non-pecuniary damage (Art. 41) Pecuniary damage


  • DETAIL:

    The applicant complained under Articles 6 § 1, 13 and 17 of the Convention that she was denied access to the Court of Cassation since she could not afford the services of an advocate licensed to act before the Court of Cassation in order to lodge an appeal on points of law. The Court considers that this complaint essentially raises an issue of access to court and should therefore be examined from the standpoint of Article 6 § 1 of the Convention


    COURT:
    ECHR
    ARTICLE:
    6, 6-1, 35, 35-1, 41

CASE DATE:
Monday, 6 Jul 2015
STATE:
Croatia
OUTCOME:
Preliminary objection joined to merits and dismissed (Article 35-1 - Exhaustion of domestic remedies) Remainder inadmissible Violation of Article 6 - Right to a fair trial (Article 6 - Criminal proceedings, Article 6-1 - Fair hearing) Non-pecuniary damage - award (Article 41 - Non-pecuniary damage, Just satisfaction)
SUBJECT MATTER:

(Art. 6) Right to a fair trial (Art. 6) Criminal proceedings (Art. 6-1) Fair hearing (Art. 6-3) Rights of defence (Art. 35) Admissibility criteria (Art. 35-1) Exhaustion of domestic remedies (Art. 41) Just satisfaction-{general} (Art. 41) Just satisfaction (Art. 41) Non-pecuniary damage Proportionality


  • DETAIL:

    The applicant alleged, in particular, that he had not been able to obtain a rehearing after his conviction in absentia, and that he had not been effectively represented by a legal-aid lawyer during the proceedings conducted in his absence, as required by Article 6 §§ 1.


    COURT:
    ECHR
    ARTICLE:
    6, 6-1, 6-3, 35, 35-1, 41

CASE DATE:
Thursday, 2 Jul 2015
STATE:
Malta
OUTCOME:
Remainder inadmissible No violation of Article 6 - Right to a fair trial (Article 6 - Constitutional proceedings, Article 6-1 - Fair hearing)
SUBJECT MATTER:

(Art. 6) Right to a fair trial (Art. 6) Constitutional proceedings (Art. 6-1) Fair hearing (Art. 35) Admissibility criteria


  • DETAIL:

    The applicant complained under Article 6 § 3 (c) in conjunction with Article 6 § 1 about the lack of legal assistance while in police custody, relying on the judgment in Salduz v. Turkey ([GC], no. 36391/02, ECHR 2008).


    COURT:
    ECHR
    ARTICLE:
    6, 6-1, 35

CASE DATE:
Friday, 26 Jun 2015
STATE:
Russia
OUTCOME:
Remainder inadmissible Violation of Article 6+6-3-c - Right to a fair trial (Article 6 - Criminal proceedings, Article 6-1 - Fair hearing) (Article 6 - Right to a fair trial, Article 6-3-c - Defence through legal assistance, Legal assistance of his own choosing) Pecuniary damage - claim dismissed (Article 41 - Pecuniary damage, Just satisfaction) Non-pecuniary damage - award (Article 41 - Non-pecuniary damage, Just satisfaction)
SUBJECT MATTER:

(Art. 6) Right to a fair trial (Art. 6) Criminal proceedings (Art. 6-1) Fair hearing (Art. 6-3-C) Defence through legal assistance (Art. 6-3-c) Legal assistance of his own choosing (Art. 35) Admissibility criteria (Art. 41) Just satisfaction-{general} (Art. 41) Just satisfaction (Art. 41) Non-pecuniary damage (Art. 41) Pecuniary damage


  • DETAIL:

    The applicants alleged that they had been convicted of distributing counterfeit software and copyright infringement following entrapment by the police in violation of Article 6 of the Convention. Mr Volkov also complained that he had not been afforded free legal assistance during the appeal proceedings in his case.


    COURT:
    ECHR
    ARTICLE:
    6, 6+6-3-c, 6-1, 6-3-c, 35, 41

CASE DATE:
Tuesday, 23 Jun 2015
STATE:
Romania
OUTCOME:
Violation of Article 6 - Right to a fair trial (Article 6 - Criminal procedure, Article 6-1 - Fair trial)
SUBJECT MATTER:

(Art. 6) Right to a fair trial (Art. 6) Criminal proceedings (Art. 6-1) Fair hearing



CASE DATE:
Thursday, 18 Jun 2015
STATE:
Ukraine
OUTCOME:
Violation of Article 3 - Prohibition of torture (Article 3 - Degrading treatment, Inhuman treatment) (Substantive aspect) Violation of Article 3 - Prohibition of torture (Article 3 - Effective investigation) (Procedural aspect) Violation of Article 6+6-3-c - Right to a fair trial (Article 6 - Criminal proceedings, Article 6-1 - Fair hearing) (Article 6 - Right to a fair trial, Article 6-3-c - Defence through legal assistance)
SUBJECT MATTER:

(Art. 3) Prohibition of torture (Art. 3) Degrading treatment (Art. 3) Effective investigation (Art. 3) Inhuman treatment (Art. 6) Right to a fair trial (Art. 6) Criminal proceedings (Art. 6-1) Fair hearing (Art. 6-3-C) Defence through legal assistance


  • DETAIL:

    The first applicant complained under Article 6 § 1 and 3 (c) of the Convention that his self-incriminating statements obtained under duress and without the presence of a lawyer had been used for his conviction.


    COURT:
    ECHR
    ARTICLE:
    3, 6, 6+6-3-c, 6-1, 6-3-c

CASE DATE:
Tuesday, 16 Jun 2015
STATE:
Switzerland
OUTCOME:
Partially inadmissible No violation of Article 6 - Right to a fair trial (Article 6 - Criminal procedure, Article 6-1 - Fair trial)
SUBJECT MATTER:

(Art. 6) Right to a fair trial (Art. 6) Criminal proceedings (Art. 6-1) Fair hearing (Art. 35) Admissibility criteria



CASE DATE:
Saturday, 6 Jun 2015
STATE:
Armenia
OUTCOME:
Violation of Article 3 - Prohibition of torture (Article 3 - Degrading treatment, Inhuman treatment) (Substantive aspect) No violation of Article 3 - Prohibition of torture (Article 3 - Degrading treatment, Inhuman treatment) (Substantive aspect) Violation of Article 3 - Prohibition of torture (Article 3 - Effective investigation) (Procedural aspect) Violation of Article 6+6-3-c - Right to a fair trial (Article 6 - Criminal proceedings, Article 6-1 - Fair hearing) (Article 6 - Right to a fair trial, Article 6-3-c - Defence through legal assistance) Violation of Article 6 - Right to a fair trial (Article 6 - Criminal proceedings, Article 6-1 - Access to court)
SUBJECT MATTER:

(Art. 3) Prohibition of torture (Art. 3) Degrading treatment (Art. 3) Effective investigation (Art. 3) Inhuman treatment (Art. 6) Right to a fair trial (Art. 6) Criminal proceedings (Art. 6-1) Access to court (Art. 6-1) Fair hearing (Art. 6-3-C) Defence through legal assistance


  • DETAIL:

    The first and second applicants complained under Article 6 of the Convention that they had been deprived of effective legal assistance. In particular, their request to be questioned in the presence of their lawyer on 26 August 2004 was rejected, while the atmosphere in the courtroom throughout the proceedings prevented their lawyers from performing their functions effectively. The first applicant further complained that he had been unlawfully denied access to the Court of Cassation. The Court considers that these complaints fall to be examined under Article 6 §§ 1 and 3 (c) of the Convention.


    COURT:
    ECHR
    ARTICLE:
    3, 6, 6+6-3-c, 6-1, 6-3-c

CASE DATE:
Tuesday, 19 May 2015
STATE:
Ukraine
OUTCOME:
Violation of Article 3 - Prohibition of torture (Article 3 - Torture) (Substantive aspect) Violation of Article 3 - Prohibition of torture (Article 3 - Effective investigation) (Procedural aspect) Violation of Article 6 - Right to a fair trial (Article 6-1 - Criminal charge, Fair hearing)
SUBJECT MATTER:

(Art. 3) Prohibition of torture (Art. 3) Effective investigation (Art. 3) Torture (Art. 6) Right to a fair trial (Art. 6-1) Criminal charge (Art. 6-1) Fair hearing


  • DETAIL:

    The applicant alleged, in particular, that he had been ill-treated by the police and that there had been no effective domestic investigation into the matter. He also complained that his self-incrimination under duress and in the absence of legal assistance had rendered his trial unfair.


    COURT:
    ECHR
    ARTICLE:
    3, 6, 6-1

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