He then brought his application to strasbourg article

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He then brought his application to Strasbourg. Article 6 The applicant complained, under Article 6 § 1 (right to a fair trial within a reasonable time) of the ECHR; under Article 6 § 3(d) that as a result of the delay, key prosecution evidence was lost and that there was a lack of evidence against him other than
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questionable police interviews; under Article 8 § 2 (right to respect for private and family life), that his arrest and detention amounted to a deliberate and disproportionate interference with his private and family life; and under Article 13, that there was no effective remedy under Irish law for his grievances, particularly concerning the length of the proceedings. The Court found that while the conduct of the Applicant had “contributed somewhat to the delay”, he was entitled to bring two actions seeking prohibition of the criminal proceedings against him. His delay, the Court found could not “explain the overall length of the proceedings against him”(over 10 years). The State has a “particular obligation” to expedite “criminal proceedings [begun] a considerable period of time after the impugned events”. The Government had not provided convincing explanations for certain delays attributable to the authorities, including the length of time to fix hearing dates before the Supreme Court (13 months and 11 months respectively) and a delay of 17 months in a High Court transcript being finalised to allow the State’s appeal to proceed. The Courts had a clear duty to ensure “that the reasonable time requirement of Article 6 was complied with ‘as the duty to administer justice expeditiously is incumbent in the first place on the relevant authorities’”. The average waiting times for such hearings at the time suggested that priority hearing dates could not have been granted. Further, the provisions of the Courts and Court Officers Act 2002 only placed an onus on the Court Service to supervise the delivery of judgments in civil proceedings. The Court considered that all this added to the overall length of the criminal proceedings leading it to conclude that the length of the criminal proceedings were excessive and in violation of Article 6 § 1. As noted, the Court declared the applicant’s complaints under Article 6 § 3(d) and Article 8 § 2 inadmissible; the criminal charges against the applicant had been dismissed and so he could no longer claim to be a victim of a violation of the right to fair proceedings under Article 6 § 3(d). His complaint that his arrest and subsequent pre-trial detention amounted to a deliberate and disproportionate interference with his private and his family life as protected by Article 8 § 2 were found by the Court to be out of time within the meaning of Article 35 § 1 of the Convention.
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  • Summer '17
  • allen dasu
  • Supreme Court of the United States, European Convention on Human Rights

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