Rechtsprechung
| EGMR, 10.05.2016 - 39468/09 |
Volltextveröffentlichung
- Europäischer Gerichtshof für Menschenrechte
BELERI AND OTHERS v. ALBANIA
Inadmissible (englisch)
Sonstiges
Wird zitiert von ... (0) Neu Zitiert selbst (5)
- EGMR, 24.07.2003 - 48183/99
Auszug aus EGMR, 10.05.2016 - 39468/09
In their absence, the criminal proceedings had not been stayed, unlike in Smirnova v. Russia (nos. 46133/99 and 48183/99, § 35, ECHR 2003-IX (extracts)); Yeloyev v. Ukraine (no. 17283/02, §§ 14-15, 6 November 2008); and Girolami v. Italy (19 February 1991, § 9, Series A no. 196-E).According to the settled case-law of the Court, an accused person cannot rely on a period of being a fugitive when he was seeking to avoid being brought to justice in his home country (see, for example, Smirnova v. Russia, nos. 46133/99 and 48183/99, § 84, ECHR 2003-IX (extracts), and Yeloyev v. Ukraine, no. 17283/02, § 70, 6 November 2008, where the periods when the applicants had absconded were excluded from the overall length of the proceedings).
- EGMR, 21.09.2017 - 40107/02
KHARCHENKO CONTRE L'UKRAINE ET 35 AUTRES AFFAIRES
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In their absence, the criminal proceedings had not been stayed, unlike in Smirnova v. Russia (nos. 46133/99 and 48183/99, § 35, ECHR 2003-IX (extracts)); Yeloyev v. Ukraine (no. 17283/02, §§ 14-15, 6 November 2008); and Girolami v. Italy (19 February 1991, § 9, Series A no. 196-E).According to the settled case-law of the Court, an accused person cannot rely on a period of being a fugitive when he was seeking to avoid being brought to justice in his home country (see, for example, Smirnova v. Russia, nos. 46133/99 and 48183/99, § 84, ECHR 2003-IX (extracts), and Yeloyev v. Ukraine, no. 17283/02, § 70, 6 November 2008, where the periods when the applicants had absconded were excluded from the overall length of the proceedings).
- EGMR, 27.08.2015 - 46470/11
PARRILLO v. ITALY
Auszug aus EGMR, 10.05.2016 - 39468/09
The existence of such remedies must be sufficiently certain, not only in theory but also in practice, failing which they will lack the requisite accessibility and effectiveness: it falls to the respondent State to establish that those conditions are satisfied (see, most recently, Parrillo v. Italy [GC], no. 46470/11, § 87, ECHR 2015, and Vuckovic and Others v. Serbia [GC], no. 17153/11, §§ 69-77, 25 March 2014). - EGMR, 13.12.2007 - 1206/03
UYSAL AND OSAL v. TURKEY
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When an accused person flees from a State which respects the principle of the rule of law, it may be assumed that he or she is not entitled to complain of the proceedings being of an unreasonable duration following that flight, unless sufficient reason can be shown to rebut that assumption (see Vayiç v. Turkey, no. 18078/02, § 44, ECHR 2006-VIII (extracts); Uysal and Osal v. Turkey, no. 1206/03, § 30, 13 December 2007; and Ventura v. Italy, no. 7438/76, Commission's report of 15 December 1980, Decisions and Reports (DR) 23, p. 91, § 197). - EKMR, 09.03.1978 - 7438/76
VENTURA c. ITALIE
Auszug aus EGMR, 10.05.2016 - 39468/09
When an accused person flees from a State which respects the principle of the rule of law, it may be assumed that he or she is not entitled to complain of the proceedings being of an unreasonable duration following that flight, unless sufficient reason can be shown to rebut that assumption (see Vayiç v. Turkey, no. 18078/02, § 44, ECHR 2006-VIII (extracts); Uysal and Osal v. Turkey, no. 1206/03, § 30, 13 December 2007; and Ventura v. Italy, no. 7438/76, Commission's report of 15 December 1980, Decisions and Reports (DR) 23, p. 91, § 197).