Volltextveröffentlichungen (2)

• Europäischer Gerichtshof für Menschenrechte

  PANOVITS c. CHYPRE

  Art. 6, Art. 6 Abs. 1, Art. 6 Abs. 3 Buchst. c, Art. 29, Art. 29 Abs. 3 MRK
  Partiellement irrecevable Violation de l'art. 6-1 et 6-3-c Violations de l'art. 6-1 Non-violation de l'art. 6-1 (französisch)

• Europäischer Gerichtshof für Menschenrechte

  PANOVITS v. CYPRUS

  Art. 6, Art. 6 Abs. 1, Art. 6 Abs. 3 Buchst. c, Art. 29, Art. 29 Abs. 3 MRK
  Reminder inadmissible Violation of Art. 6-1 and 6-3-c Violations of Art. 6-1 No violation of Art. 6-1 (englisch)

Verfahrensgang

• EGMR, 11.12.2008 - 4268/04
• EGMR, 06.06.2013 - 4268/04

Wird zitiert von ...Neu Zitiert selbst (9)

• EGMR, 16.12.1999 - 24724/94

  Mord an James Bulger

  Auszug aus EGMR, 11.12.2008 - 4268/04

  In its case-law on Article 6 the Court has held that when criminal charges are brought against a child, it is essential that he be dealt with in a manner which takes full account of his age, level of maturity and intellectual and emotional capacities, and that steps are taken to promote his ability to understand and participate in the proceedings (see T. v. the United Kingdom [GC], no. 24724/94, 16 December 1999, § 84).
• EGMR, 09.09.2003 - 30900/02

  JONES v. THE UNITED KINGDOM

  Auszug aus EGMR, 11.12.2008 - 4268/04

  Moreover, before an accused can be said to have impliedly, through his conduct, waived an important right under Article 6, it must be shown that he could reasonably have foreseen what the consequences of his conduct would be (see Talat Tunç v. Turkey, no. 32432/96, 27 March 2007, § 59, and Jones v. the United Kingdom (dec.), no. 30900/02, 9 September 2003).
• EGMR, 15.06.2004 - 60958/00

  S.C. v. THE UNITED KINGDOM

  Auszug aus EGMR, 11.12.2008 - 4268/04

  The authorities must take steps to reduce as far as possible his feelings of intimidation and inhibition (see, mutatis mutandis, T. v. the United Kingdom, cited above, § 85) and ensure that the accused minor has a broad understanding of the nature of the investigation, of what is at stake for him or her, including the significance of any penalty which may be imposed as well as of his rights of defence and, in particular, of his right to remain silent (mutatis mutandis, S.C. v. the United Kingdom, no. 60958/00, § 29, ECHR 2004-IV).

 
• EGMR, 11.07.2006 - 54810/00

  Einsatz von Brechmitteln; Selbstbelastungsfreiheit (Schutzbereich; faires …

  Auszug aus EGMR, 11.12.2008 - 4268/04

  While Article 6 guarantees the right to a fair hearing, it does not lay down any rules on the admissibility of evidence as such, which is primarily a matter for regulation under national law (see Jalloh v. Germany [GC], no. 54810/00, § 94, ECHR 2006-..., and Teixeira de Castro v. Portugal, 9 June 1998, § 34, Reports 1998-IV).
• EGMR, 24.07.2008 - 41461/02

  VLADIMIR ROMANOV v. RUSSIA

  Auszug aus EGMR, 11.12.2008 - 4268/04

  We would, however, have liked the reasoning set out in paragraph 103 of the judgment, on account of its importance, to have been included in the operative provisions as well, for reasons which have already been explained to a certain extent in the joint concurring opinion of Judges Spielmann and Malinverni in Vladimir Romanov v. Russia (no. 41461/02, judgment of 24 July 2008) as well as the concurring opinion of Judge Spielmann in Polufakin and Chernyshev v. Russia (no. 30997/02, judgment of 25 September 2008) and most importantly in the concurring opinion of Judges Rozakis, Spielmann, Ziemele and Lazarova Trajovska in Salduz v. Turkey ([GC], no. 36391/02, ECHR 2008-...), and which are now repeated here.
• EGMR, 25.09.2008 - 30997/02

  POLUFAKIN AND CHERNYSHEV v. RUSSIA

  Auszug aus EGMR, 11.12.2008 - 4268/04

  We would, however, have liked the reasoning set out in paragraph 103 of the judgment, on account of its importance, to have been included in the operative provisions as well, for reasons which have already been explained to a certain extent in the joint concurring opinion of Judges Spielmann and Malinverni in Vladimir Romanov v. Russia (no. 41461/02, judgment of 24 July 2008) as well as the concurring opinion of Judge Spielmann in Polufakin and Chernyshev v. Russia (no. 30997/02, judgment of 25 September 2008) and most importantly in the concurring opinion of Judges Rozakis, Spielmann, Ziemele and Lazarova Trajovska in Salduz v. Turkey ([GC], no. 36391/02, ECHR 2008-...), and which are now repeated here.
• EGMR, 25.02.1993 - 10828/84

  FUNKE v. FRANCE

  Auszug aus EGMR, 11.12.2008 - 4268/04

  Moreover, the Court reiterates that the right to silence and the right not to incriminate oneself are generally recognised international standards which lie at the heart of the notion of a fair procedure under Article 6. Their rationale lies, inter alia, in the protection of the accused against improper compulsion by the authorities, thereby contributing to the avoidance of miscarriages of justice and to the fulfilment of the aims of Article 6 (see John Murray v. the United Kingdom, 8 February 1996, § 45, Reports of Judgments and Decisions 1996-I, and Funke v. France, 25 February 1993, § 44, Series A no. 256-A).
• EGMR, 26.02.1993 - 13396/87

  PADOVANI v. ITALY

  Auszug aus EGMR, 11.12.2008 - 4268/04

  The Court reiterates at the outset that it is of fundamental importance in a democratic society that the courts inspire confidence in the public and above all, as far as criminal proceedings are concerned, in the accused (see Kyprianou v. Cyprus, cited above, § 118, and Padovani v. Italy, 26 February 1993, § 27, Series A no. 257-B).
• EGMR, 24.11.1993 - 13972/88

  IMBRIOSCIA c. SUISSE

  Auszug aus EGMR, 11.12.2008 - 4268/04

  Article 6 - especially paragraph 3 - may be relevant before a case is sent for trial if and in so far as the fairness of the trial is likely to be seriously prejudiced by an initial failure to comply with its requirements (see Öcalan v. Turkey [GC], no. 46221/99, § 131, ECHR 2005-IV, and Imbrioscia v. Switzerland, 24 November 1993, § 36, Series A no. 275).

• Generalanwalt beim EuGH, 22.02.2024 - C-603/22

  M.S. u.a. (Droits procéduraux d'une personne mineure) - Vorlage zur …

  47 EGMR, 11. Dezember 2008, Panovits/Zypern (CE:ECHR:2008:1211JUD000426804, § 73).