Volltextveröffentlichung

• Europäischer Gerichtshof für Menschenrechte

  MAKUSZEWSKI v. POLAND

  (englisch)

Wird zitiert von ... (2)Neu Zitiert selbst (11)

• EGMR, 27.06.2000 - 30979/96

  FRYDLENDER c. FRANCE

  Auszug aus EGMR, 13.01.2009 - 35556/05

  The Court reiterates that the reasonableness of the length of proceedings must be assessed in the light of the circumstances of the case and with reference to the following criteria: the complexity of the case, the conduct of the applicant and the relevant authorities and what was at stake for the applicant in the dispute (see, among many other authorities, Frydlender v. France [GC], no. 30979/96, § 43, ECHR 2000-VII).
• EGMR, 27.02.2001 - 33354/96

  Recht auf Konfrontation und Befragung von Mitangeklagten als Zeugen im Sinne der …

  Auszug aus EGMR, 13.01.2009 - 35556/05

  The corollary of that, however, is that where a conviction is based solely or to a decisive degree on statements that have been made by a person whom the accused has had no opportunity to examine or to have examined, whether during the investigation or at the trial, the rights of the defence are restricted to an extent that is incompatible with the guarantees provided by Article 6 (see Unterpertinger v. Austria, judgment of 24 November 1986, Series A no. 110, pp. 14-15, §§ 31-33; Saïdi v. France, judgment of 20 September 1993, Series A no. 261-C, pp. 56-57, §§ 43-44; Lucà v. Italy, no. 33354/96, § 40, 27 February 2001; and Solakov v. the former Yugoslav Republic of Macedonia, no. 47023/99, § 57, ECHR 2001-X).
• EGMR, 17.07.2001 - 29900/96

  SADAK AND OTHERS v. TURKEY (No. 1)

  Auszug aus EGMR, 13.01.2009 - 35556/05

  With respect to statements of witnesses who proved to be unavailable for questioning in the presence of the defendant or his counsel, the Court reiterates that paragraph 1 of Article 6 taken together with paragraph 3 requires the Contracting States to take positive steps so as to enable the accused to examine or have examined witnesses against him (see Sadak and Others v. Turkey, nos. 29900/96, 29901/96, 29902/96 and 29903/96, § 67, ECHR 2001-VIII).

 
• EGMR, 01.03.2005 - 15212/03

  CHARZYNSKI c. POLOGNE

  Auszug aus EGMR, 13.01.2009 - 35556/05

  The relevant domestic law and practice concerning remedies for the excessive length of judicial proceedings, in particular the applicable provisions of the 2004 Act, are stated in the Court's decisions in the cases of Charzynski v. Poland no. 15212/03 (dec.), §§ 12-23, ECHR 2005-V and Ratajczyk v. Poland no. 11215/02 (dec.), ECHR 2005-VIII, and the judgment in the case of Krasuski v. Poland, no. 61444/00, §§ 34-46, ECHR 2005-V.
• EGMR, 05.04.2005 - 39209/02

  SCHEPER v. THE NETHERLANDS

  Auszug aus EGMR, 13.01.2009 - 35556/05

  However, impossibilium nulla est obligatio; provided that the authorities cannot be accused of a lack of diligence in their efforts to give the defendant an opportunity to examine the witnesses in question, the witnesses" unavailability as such does not make it necessary to discontinue the prosecution (see, in particular, Artner v. Austria, judgment of 28 August 1992, Series A no. 242-A, p. 10, § 21; Scheper v. the Netherlands (dec.), no. 39209/02, 5 April 2005; Mayali v. France, no. 69116/01, § 32, 14 June 2005; and Haas v. Germany (dec.), no. 73047/01, 17 November 2005).
• EGMR, 14.06.2005 - 69116/01

  MAYALI c. FRANCE

  Auszug aus EGMR, 13.01.2009 - 35556/05

  However, impossibilium nulla est obligatio; provided that the authorities cannot be accused of a lack of diligence in their efforts to give the defendant an opportunity to examine the witnesses in question, the witnesses" unavailability as such does not make it necessary to discontinue the prosecution (see, in particular, Artner v. Austria, judgment of 28 August 1992, Series A no. 242-A, p. 10, § 21; Scheper v. the Netherlands (dec.), no. 39209/02, 5 April 2005; Mayali v. France, no. 69116/01, § 32, 14 June 2005; and Haas v. Germany (dec.), no. 73047/01, 17 November 2005).
• EGMR, 17.11.2005 - 73047/01

  Konfrontationsrecht (Verwertungsverbot hinsichtlich einer entscheidenden …

  Auszug aus EGMR, 13.01.2009 - 35556/05

  However, impossibilium nulla est obligatio; provided that the authorities cannot be accused of a lack of diligence in their efforts to give the defendant an opportunity to examine the witnesses in question, the witnesses" unavailability as such does not make it necessary to discontinue the prosecution (see, in particular, Artner v. Austria, judgment of 28 August 1992, Series A no. 242-A, p. 10, § 21; Scheper v. the Netherlands (dec.), no. 39209/02, 5 April 2005; Mayali v. France, no. 69116/01, § 32, 14 June 2005; and Haas v. Germany (dec.), no. 73047/01, 17 November 2005).
• EGMR, 15.06.1992 - 12433/86

  LÜDI v. SWITZERLAND

  Auszug aus EGMR, 13.01.2009 - 35556/05

  There are exceptions to this principle, but they must not infringe the rights of the defence; as a general rule, paragraphs 1 and 3 (d) of Article 6 require that the defendant be given an adequate and proper opportunity to challenge and question a witness against him, either when he makes his statements or at a later stage (see Van Mechelen and Others, cited above, p. 711, § 51, and Lüdi v. Switzerland, judgment of 15 June 1992, Series A no. 238, p. 21, § 49).
• EGMR, 24.11.1986 - 9120/80

  UNTERPERTINGER v. AUSTRIA

  Auszug aus EGMR, 13.01.2009 - 35556/05

  The corollary of that, however, is that where a conviction is based solely or to a decisive degree on statements that have been made by a person whom the accused has had no opportunity to examine or to have examined, whether during the investigation or at the trial, the rights of the defence are restricted to an extent that is incompatible with the guarantees provided by Article 6 (see Unterpertinger v. Austria, judgment of 24 November 1986, Series A no. 110, pp. 14-15, §§ 31-33; Saïdi v. France, judgment of 20 September 1993, Series A no. 261-C, pp. 56-57, §§ 43-44; Lucà v. Italy, no. 33354/96, § 40, 27 February 2001; and Solakov v. the former Yugoslav Republic of Macedonia, no. 47023/99, § 57, ECHR 2001-X).
• EGMR, 28.08.1992 - 13161/87

  ARTNER v. AUSTRIA

  Auszug aus EGMR, 13.01.2009 - 35556/05

  However, impossibilium nulla est obligatio; provided that the authorities cannot be accused of a lack of diligence in their efforts to give the defendant an opportunity to examine the witnesses in question, the witnesses" unavailability as such does not make it necessary to discontinue the prosecution (see, in particular, Artner v. Austria, judgment of 28 August 1992, Series A no. 242-A, p. 10, § 21; Scheper v. the Netherlands (dec.), no. 39209/02, 5 April 2005; Mayali v. France, no. 69116/01, § 32, 14 June 2005; and Haas v. Germany (dec.), no. 73047/01, 17 November 2005).
• EGMR, 26.04.1991 - 12398/86

  ASCH v. AUSTRIA

• EGMR, 27.04.2010 - 43643/04

  BIELAJ v. POLAND

  However, impossibilium nulla est obligatio; provided that the authorities cannot be accused of a lack of diligence in their efforts to afford the defendant an opportunity to examine the witnesses in question, the witnesses' unavailability as such does not make it necessary to discontinue the prosecution, the appropriateness of which it is not for the European Court to determine (see, in particular, Scheper v. the Netherlands (dec.), no. 39209/02, 5 April 2005; Mayali v. France, no. 69116/01, § 32, 14 June 2005; Haas v. Germany (dec.), no. 73047/01, 17 November 2005; and Makuszewski v. Poland, no. 35556/05, § 40, 13 January 2009; Asch v. Austria, judgment of 26 April 1991, Series A no. 203, p. 10, § 28).

  In these circumstances, and having regard also to the fact that the Court has already examined similar complaints concerning the examination of cassation appeals in criminal proceedings by the Supreme Court and declared them manifestly ill-founded (Walczak v. Poland, referred to above, and Makuszewski v. Poland, no. 35556/05, § 53, 13 January 2009; mutatis mutandis), the Court is of the view that the proceedings were not tainted with any procedural shortcomings which would have rendered them unfair.

• EGMR, 21.01.2014 - 47450/11

  VALCHEV AND OTHERS v. BULGARIA

  In addition, in many cases the former Commission and the Court have reviewed various aspects of permission-to-appeal or similar proceedings under that provision (see Webb v. the United Kingdom, no. 33186/96, Commission decision of 2 July 1997, unreported; ITC (Isle of Man), P.S.W.H. and A.G.S. v. the United Kingdom (dec.), no. 45619/99, 29 February 2000; Nerva and Others v. the United Kingdom (dec.), no. 42295/98, 11 July 2000; Sawoniuk v. the United Kingdom (dec.), no. 63716/00, ECHR 2001-VI; Walczak v. Poland (dec.), no. 77395/01, 7 May 2002; Stepinska v. France, no. 1814/02, §§ 15-19, 15 June 2004; Guz v. Poland (dec.), no. 29293/02, 19 May 2005; Martinie v. France [GC], no. 58675/00, §§ 53-55, ECHR 2006-VI; Stepenska v. Ukraine (dec.), no. 24079/02, 12 June 2006; Jaczkó v. Hungary, no. 40109/03, § 29, 18 July 2006; Marini v. Albania, no. 3738/02, § 106, 18 December 2007; Mrúz v. Hungary, no. 3261/05, § 20, 14 October 2008; Lajos Németh v. Hungary, no. 3840/05, § 20, 21 October 2008; Makuszewski v. Poland, no. 35556/05, § 53, 13 January 2009; Grori v. Albania, no. 25336/04, § 199, 7 July 2009; Wnuk v. Poland (dec.), no. 38308/05, 1 September 2009; Jakupi v. Albania (dec.), no. 11186/03, 1 December 2009; Nersesyan v. Armenia (dec.), no. 15371/07, §§ 23-25, 19 January 2010; Bachowski v. Poland (dec.), no. 32463/06, 2 November 2010; and Dunn v. the United Kingdom (dec.), no. 62793/10, §§ 27-40, 23 October 2012).