Later, between 15 October 2003 and 16 January 2006 the investigation had been carried out in a chaotic manner without any clear plan of action.

It is clear that experiencing such a lack of space cannot be seen as short, occasional and minor within the meaning of the Court’s case-law (see Muršić , cited above, § 130). 50.

To assess this evidence, the Court adopts the standard of proof “ beyond reasonable doubt” but adds that such proof may follow from the coexistence of sufficiently strong, clear and concordant inferences

Court HR, Edwards v. the United Kingdom judgment of 16 December 1992, Series A no. 247-B, pp. 34-35, para. 4 and Saïdi v. France judgment of 20 September 1993, Series A no. 261-C, p. 56, para. 43).

It will therefore confine its examination to the question of whether the proceedings in their entirety were fair (see Edwards v. the United Kingdom , 16   December 1992, §§ 33-34, Series A no. 247

Furthermore, only persons who had registered a motor vehicle could possibly be affected by the recognition devices for registration plates under section 54(4b) of the SPA, but the applicants had not made clear

Having confirmed the gravity of the applicant’s condition, the doctor testified that the former needed permanent supervision of an urologist, oncologist and cardiologist and that there was clear evidence

Débats à l'audience publique du 8 Avril 2025, devant Marc SALAÜN, Président du Tribunal, statuant en matière de référé, assisté d'Edouard FOURNIER, Greffier associé, Décision rendue en premier ressort

It found the following facts: “(a)     On 3rd March, 1993, Edward Lycett Green, a joint Master of the Portman Hunt, saw the [applicants] in the environs of the Ranston Estate, and heard the sound

However, where it is clear from the outset that no effective remedy is available to the applicant, the period runs from the date of the acts or measures complained of, or from the date of knowledge of

referred to the Court’s case-law which recognised that the need to protect the public interest may justify withholding certain evidence from the defence in criminal proceedings (see, amongst others, Edwards

In the higher court’s opinion, the written grounds had been clear and reasonable.

another court may only be compatible with the Convention if the substantive and procedural rules and preconditions of such a reassignment are laid down by the lawmaker in transparent, pre-determined, clear

principle be capable of leading to the establishment of the facts of the case and, if the allegations prove to be true, to the identification and punishment of those responsible (see Paul and Audrey Edwards

It is incumbent on the State to provide a plausible explanation of how the injuries were caused, failing which a clear issue arises under Article 3 of the Convention (see Selmouni , cited above, § 87).

  235-B, § 33, and Edwards v. the United Kingdom judgment of 16   December 1992, Series A no. 247-B, § 34).

Government's claim that inferences can only be drawn when "common sense permits it" or when "it is proper", this in fact gives a tribunal full power to decide when to draw such inferences, there being no clear

    At the start of the trial the defendant’s lawyer claimed that the indictment was defective because it did not contain a clear description of the offence with which the defendant had been

In any event, it is clear from the case file that the applicant availed himself of the remedy at issue and was unsuccessful.