The authorities had chosen to apply the strict measures prescribed under the domestic law rather than to allow a more flexible approach depending on the particular risk presented by the prisoner and the

6 and Article 8 of the Convention that, despite the fact that her claim was deemed well-founded and she was awarded compensation for the damages sustained, the costs she was ordered to pay to the defending

made dependent on the fulfilment of unduly formalistic conditions — it is for the courts to ensure that a trial is fair and, accordingly, that counsel who attends trial for the apparent purpose of defending

officer central to prosecution and closely linked to prosecuting authorities – inter alia he decided which charges should be brought, convened court martial, appointed members and prosecuting and defending

Article 6 § 3 (a) and (b) – The applicant was not aware that the Regional Court might reclassify his offence as fraud and this certainly impaired his chances of defending himself in respect of the charges

of the Regional Court quashed the judgment of 7   June   1999 following a protest instituted by the Deputy President of the Supreme Court and remitted the case for a fresh consideration, demanding

His main complaint was that he had been prevented from defending himself.

Christian DEFENDINI, conseil COMPOSITION DU TRIBUNAL Lors des débats : Mme Isabel VIGIER, président Mme Aude WALTER, juge M.

greffier associé, A comparu : La Société de droit Allemend UNION TANK ECKSTEIN GMBH & CO.KG [Adresse 1] Allemagne Demanderesse au référé, Concluant par ADVEN AARPI, représenté par maître Claire DERRENDINGER

unilateral declaration was a sufficient basis for the Court to conclude that there was no need for it to examine the case any further in order to protect the human rights enshrined in the Convention: depending

It was for the courts to ensure that a trial was fair and, accordingly, that counsel who attended trial for the apparent purpose of defending the accused in his absence was given the opportunity to do

The remedy, therefore, depending on the circumstances, could also lead to the punishment of the official who had made the impugned statement.

Following verbal attacks by the applicant, the judge granted the lawyer's request to be excused from the duty of defending the applicant. The hearing was adjourned until 29 November 2002.

In short, the option of defending his case unaided, in proceedings in which he would have had to face a legal practitioner, did not afford the applicant the right to access to a court in conditions such

It was concerned, inter alia , with the existence of different legal entitlements for persons with the same disabilities depending on whether or not their impairment was war-related, and recommended that

The Court emphasised, however, that its position might be subject to review in the future depending, in particular, on the domestic courts’ capacity to establish consistent case-law in line with the Convention

made dependent on the fulfilment of unduly formalistic conditions — it is for the courts to ensure that a trial is fair and, accordingly, that counsel who attends trial for the apparent purpose of defending

Moreover, the threat of ex post facto review of his statements could have a “chilling effect” on the exercise of the applicant’s professional duties and in defending the interests of his clients in the

notion has a special importance in Germany because of the country’s experience during the Third Reich, and the Federal Republic’s constitution was based on the principle of a “democracy capable of defending

Therefore, the applicant could not be said to have been defending a socially justified interest, as she had been trying to achieve her private objective.