In those circumstances, it could not be said that they ought to have requested further information or reinforcements.

Article 5 § 1 (a)     Effect of the guilty pleas – The applicants argued that their guilty pleas ought to have resulted in a significant reduction of sentence.

From that date, the applicants ought therefore to have been considered as having been “already finally convicted for an offence” for the purposes of Article   4 of Protocol No.   7.

circumstances which render the remedy ineffective, it may be appropriate for the purposes of Article 35 § 1 to take the start of the six-month period from the date when the applicant first became, or ought

laws, and notably its mechanisms of detection and reporting, had provided effective protection for children attending a National School against any risk of sexual abuse of which the authorities had, or ought

In particular, did the competent authorities know or ought to have known that the applicant was at risk of attempting to escape or harm himself, and if not, did they take basic precautions in order to

Conclusion : inadmissible (non-exhaustion of domestic remedies; manifestly ill-founded) Article 3: The applicant K.O’S. had argued that the State knew or ought to have known that symphysiotomies were being

    While the foregoing considerations would lead the Court to consider that the applicants no longer ought to be considered victims of the violation complained of, it notes the applicants’ further

Moreover, Judge I.S., as a relative of the defendant, ought to have recused himself. 20.

In particular, did the authorities know or ought to have known about a credible risk of suicide of Mr Chebaturkin and Mr Filkov and, if so, did they take reasonable measures with a view to protecting their

he submitted that, in so far as the laws in question had been found to be in conformity with the Constitution by the Constitutional Council, there had been no effective and available remedy which he ought

circumstances which render the remedy ineffective, it may be appropriate for the purposes of Article 35 § 1 to take the start of the six-month period from the date when the applicant first became or ought

the impugned statements could be regarded as having been met, the applicant had failed to show what damage she had suffered from their being disseminated in the media or that the Minister had known or ought

Furthermore, it ought also to protect the authorities and other persons concerned from being under any uncertainty for a prolonged period of time (see Bulut and Yavuz v.

He argued that the Government should have specified in the declaration that a number of particular investigative measures ought to be undertaken, that the applicant would be granted victim status and sufficiently

ALKEMA     I have voted against the admissibility of this application on the ground that it lacks substance and that, consequently, the maxim de minimis non curat praetor ought to be applied

In cases concerning torture or ill-treatment inflicted by State agents, criminal proceedings ought not to be discontinued on account of a limitation period; amnesties and pardons should not be tolerated

It found that the order ought to have been issued within a five-year period starting from the beginning of the occupation of the applicant’s land, which the court identified as coinciding with the date

    The applicants challenged the calculation of the compensation before the Palermo Court of Appeal, arguing that it ought to have been based on the market value of the land.

substantially the same for the purposes of Article 4 of Protocol No. 7, the Court considers that the aims of the punishments for the two   offences, which addressed different aspects of the same conduct, ought