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CASE DATE:
Monday, 12 Oct 2015
STATE:
Georgia
OUTCOME:
Art. 6-1 inapplicable No violation of Article 1 of Protocol No. 1 - Protection of property (Article 1 para. 2 of Protocol No. 1 - Control of the use of property)
  • SUBJECT MATTER:

    (Art. 6) Right to a fair trial (Art. 6) Civil proceedings (Art. 6-1) Fair hearing (Art. 6-2) Presumption of innocence (Art. 35) Admissibility criteria (Art. 35-3) Abuse of the right of petition (P1-1) Protection of property (P1-1-1) Prescribed by law (P1-1-2) Control of the use of property Margin of appreciation Proportionality


    DETAIL:

    All three applicants complained that the confiscation proceedings had been conducted in breach of the principle of equality of arms contained in Article 6 § 1 of the Convention. The first applicant complained that the confiscation of his property in the absence of a final conviction establishing his guilt amounted to an encroachment upon the principle of presumption of innocence.


    COURT:
    ECHR
    ARTICLE:
    6, 6-1, 6-2, 35, 35-3, P1-1, P1-1-1, P1-1-2

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