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.


CASE DATE:
Wednesday, 14 Oct 2015
STATE:
Luxembourg
OUTCOME:
Partially inadmissible Violation of Article 6+6-3-c - Right to a fair trial (Article 6 - Criminal procedure, Article 6-1 - Fair trial, Article 6-3-c - Right to defend oneself with a lawyer of one's own chooosing) (Article 6-3-c - Right to defend oneself with a lawyer of one's own choosing, Article 6 - Right to a fair trial) Pecuniary damage - demand rejected
  • 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. 35) Admissibility criteria (Art. 41) Just satisfaction-{general}


    DETAIL:

    The applicant complained of a lawyer at his hearing before the police on 17 December 2009, and the absence of effective assistance of counsel before the investigating judge on December 18, 2009. He criticized the judgment of the Court of Appeal endorsed by the Court of Cassation not having remedied the damage caused to his defense rights. Makes explicit reference to the Directive on the right to information.


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

JUSTICIA European Rights Network