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• Europäischer Gerichtshof für Menschenrechte

  WHITFIELD AND OTHERS v. THE UNITED KINGDOM

  Art. 5, Art. ... 5 Abs. 1, Art. 5 Abs. 5, Art. 5 Abs. 1 Buchst. a, Art. 6, Art. 6 Abs. 1, Art. 6 Abs. 3 Buchst. b, Art. 6 Abs. 3 Buchst. c, Art. 6 Abs. 3, Art. 13, Art. 29, Art. 29 Abs. 3, Art. 41, Art. 34 MRK
  Violation of Art. 6-1 in respect of three applicants Violation of Art. 6-3-c in respect of all applicants Not necessary to examine Art. 6-3-b No violation of Art. 5 alone or in conjunction with Art. 13 Non-pecuniary damage - findings of violations sufficient (with ...

Wird zitiert von ... (4)Neu Zitiert selbst (9)

• EGMR, 16.12.2003 - 57067/00

  GRIEVES v. THE UNITED KINGDOM

  Auszug aus EGMR, 12.04.2005 - 46387/99

  (Le Compte, Van Leuven and De Meyere v. Belgium, judgment of 23 June 1981, Series A no. 43, § 55; Campbell and Fell v. the United Kingdom, cited above, § 78 and Grieves v. the United Kingdom [GC], no. 57067/00, § 69, ECHR 2003-XII).

  Accordingly, the Court considers it evident that the misgivings of Messrs Whitfield, Pewter and Gaskin about the independence and impartiality of their adjudications were objectively justified and, further, that their adjudications were consequently unfair (Cooper v. the United Kingdom [GC], no. 48843/99, §§ 104-105, ECHR 2003-XII, Grieves v. the United Kingdom [GC], no. 57067/00, § 91, ECHR 2003-XII (extracts)).

• EGMR, 04.04.2000 - 26629/95

  WITOLD LITWA c. POLOGNE

  Auszug aus EGMR, 12.04.2005 - 46387/99

  According to the Court's case-law, an applicant is entitled to reimbursement of his costs and expenses only in so far as it has been shown that these were actually and necessarily incurred and were reasonable as to quantum (Witold Litwa v. Poland, no. 26629/95, § 88, ECHR 2000-III).
• EGMR, 16.12.2003 - 48843/99

  COOPER v. THE UNITED KINGDOM

  Auszug aus EGMR, 12.04.2005 - 46387/99

  Accordingly, the Court considers it evident that the misgivings of Messrs Whitfield, Pewter and Gaskin about the independence and impartiality of their adjudications were objectively justified and, further, that their adjudications were consequently unfair (Cooper v. the United Kingdom [GC], no. 48843/99, §§ 104-105, ECHR 2003-XII, Grieves v. the United Kingdom [GC], no. 57067/00, § 91, ECHR 2003-XII (extracts)).

 
• EGMR, 14.09.1987 - 9186/80

  DE CUBBER v. BELGIUM (ARTICLE 50)

  Auszug aus EGMR, 12.04.2005 - 46387/99

  All of the applicants claimed compensation (2500 pounds sterling (GBP), GBP 3500, GBP 4000 and GBP 3000, respectively) for non-pecuniary loss, contending that they had suffered a real loss of opportunity given the nature of the violations and in the light of the particular facts of their cases (Goddi v. Italy, judgment of 9 April 1984, Series A no. 76, § 35, De Cubber v. Belgium (Article 50), judgment of 14 September 1987, Series A no. 124-B, § 24 and Delta v. France, judgment of 19 December 1990, Series A no. 191-A, § 43).
• EGMR, 19.12.1990 - 11444/85

  DELTA c. FRANCE

  Auszug aus EGMR, 12.04.2005 - 46387/99

  All of the applicants claimed compensation (2500 pounds sterling (GBP), GBP 3500, GBP 4000 and GBP 3000, respectively) for non-pecuniary loss, contending that they had suffered a real loss of opportunity given the nature of the violations and in the light of the particular facts of their cases (Goddi v. Italy, judgment of 9 April 1984, Series A no. 76, § 35, De Cubber v. Belgium (Article 50), judgment of 14 September 1987, Series A no. 124-B, § 24 and Delta v. France, judgment of 19 December 1990, Series A no. 191-A, § 43).
• EGMR, 25.04.1983 - 8398/78

  Pakelli ./. Deutschland

  Auszug aus EGMR, 12.04.2005 - 46387/99

  The Court recalls that the Convention requires that a person charged with a criminal offence who does not wish to defend himself in person must be able to have recourse to legal assistance of his own choosing (the Campbell and Fell judgment, cited above, at § 99 and Pakelli v. Germany, judgment of 25 April 1983, Series A no. 64, p.15, § 31).
• EGMR, 09.04.1984 - 8966/80

  GODDI v. ITALY

  Auszug aus EGMR, 12.04.2005 - 46387/99

  All of the applicants claimed compensation (2500 pounds sterling (GBP), GBP 3500, GBP 4000 and GBP 3000, respectively) for non-pecuniary loss, contending that they had suffered a real loss of opportunity given the nature of the violations and in the light of the particular facts of their cases (Goddi v. Italy, judgment of 9 April 1984, Series A no. 76, § 35, De Cubber v. Belgium (Article 50), judgment of 14 September 1987, Series A no. 124-B, § 24 and Delta v. France, judgment of 19 December 1990, Series A no. 191-A, § 43).
• EGMR, 28.06.1984 - 7819/77

  CAMPBELL AND FELL v. THE UNITED KINGDOM

  Auszug aus EGMR, 12.04.2005 - 46387/99

  It was considered a simple case in which the applicant had sworn an affidavit setting out his account of the incident including a passage which claimed self-defence and the adjudicator would have to decide whether he believed the applicant or H. The Convention case-law opened to the Court (Campbell and Fell v. the United Kingdom judgment of 28 June 1984, Series A no. 80, Benham v. the United Kingdom judgment of 10 June 1996, Reports of Judgments and Decisions 1996-III, and Findlay v. the United Kingdom judgment of 25 February 1997, Reports 1997-I) did not establish an inflexible rule that legal representation should be accorded in every case or even a looser rule that it should be generally accorded.
• EGMR, 23.06.1981 - 6878/75

  LE COMPTE, VAN LEUVEN ET DE MEYERE c. BELGIQUE

  Auszug aus EGMR, 12.04.2005 - 46387/99

  (Le Compte, Van Leuven and De Meyere v. Belgium, judgment of 23 June 1981, Series A no. 43, § 55; Campbell and Fell v. the United Kingdom, cited above, § 78 and Grieves v. the United Kingdom [GC], no. 57067/00, § 69, ECHR 2003-XII).

• EGMR, 28.11.2013 - 25703/11

  DVORSKI v. CROATIA

  Un accusé qui ne veut pas se défendre lui-même peut recourir aux services d'un défenseur de son choix (Campbell et Fell c. Royaume-Uni, 28 juin 1984, § 99, série A no 80, Pakelli c. Allemagne, 25 avril 1983, § 31, série A no 64, et Whitfield et autres c. Royaume-Uni, nos 46387/99, 48906/99, 57410/00 et 57419/00, § 48, 12 avril 2005).
• EGMR, 17.03.2016 - 6287/10

  HAMMERTON v. THE UNITED KINGDOM

  However, if the Court finds special features in the case, amounting to a "real loss of opportunity", it may award such damages (see, for example, Goddi v. Italy, 9 April 1984, § 35, Series A no. 76 and more recently Whitfield and Others v. the United Kingdom, nos. 46387/99, 48906/99, 57410/00 and 57419/00, §§ 57-60, 12 April 2005).
• EGMR, 16.04.2009 - 17182/07

  HANZEVACKI v. CROATIA

  A person charged with a criminal offence who does not wish to defend himself in person must be able to have recourse to legal assistance of his own choosing (see Campbell and Fell v. the United Kingdom, 28 June 1984, Series A no. 80, § 99; d Pakelli v. Germany, 25 April 1983, Series A no. 64, § 31; and Whitfield and Others v. the United Kingdom, nos. 46387/99, 48906/99, 57410/00 and 57419/00, § 48, 12 April 2005).
• EGMR, 16.01.2007 - 60682/00

  YOUNG v. THE UNITED KINGDOM

  The Court has already found in the case of Whitfield and Others v. the United Kingdom (nos. 46387/99, 48906/99, 57410/00 and 57419/00, § 45, 12 April 2005, a direct application of the above-cited Ezeh and Connors judgment) that, since Governors were answerable to the Home Office, drafted and laid the charges against the applicants, investigated and prosecuted those charges and determined the applicants" guilt or innocence together with their sentences, it could not be said that there was any structural independence between those charged with the roles of prosecution and adjudication.