CEDH · CASELAW;COMMUNICATEDCASES;ENG — 16 octobre 2020

.s800EAC49 { font-size:12pt } .s379BC09C { margin-top:36pt; margin-bottom:0pt; text-align:right } .sBB9EE52A { font-family:Arial } .s10950C61 { margin-top:0pt; margin-bottom:0pt; text-indent:14.2pt; text-align:justify } .s5E1364CA { margin-top:0pt; margin-bottom:12pt; text-align:center; page-break-inside:avoid; page-break-after:avoid; font-size:14pt } .s339D85E6 { margin-top:0pt; margin-bottom:14pt; text-align:center; page-break-inside:avoid; page-break-after:avoid } .s665E407E { margin-top:66pt; margin-bottom:14pt; text-align:center; page-break-inside:avoid; page-break-after:avoid } .s29100277 { font-family:Arial; font-weight:bold } .sA36B60A1 { font-family:Arial; font-style:italic } Communicated on 16 October 2020 Published on 2 November 2020   FIRST SECTION Application no. 37957/14 Cherif FTITI against Greece lodged on 6 May 2014 SUBJECT MATTER OF THE CASE The application concerns the expulsion of the applicant following his conviction by a first-instance court and while his appeal was pending. His appeal was rejected as unfounded ( ανυποστήρικτη ) due to the applicant’s absence and not representation by a lawyer. QUESTIONS TO THE PARTIES Was the applicant afforded the right of appeal in a way compatible with the requirements of Article   2   §   1 of Protocol No.   7? Did the absence of suspensive effect of the expulsion ordered by the first-instance court and/or the prolonged failure to examine the applicant’s appeal until he had served three fifths of his sentence, got released and subsequently expelled from the country, undermine the applicant’s right of appeal to have his conviction or sentence reviewed as required by Article 2 of Protocol   No.   7 to the Convention?