Rechtsprechung
EGMR, 23.11.2004 - 39835/03 |
Volltextveröffentlichung
- Europäischer Gerichtshof für Menschenrechte
GLOVER v. THE UNITED KINGDOM
Wird zitiert von ... (0) Neu Zitiert selbst (3)
- EGMR, 10.09.2002 - 40461/98
LEWIS v. THE UNITED KINGDOM
Auszug aus EGMR, 23.11.2004 - 39835/03
A review of the domestic law on disclosure of evidence by the prosecution can be found in the Court's judgment in the case of Edwards and Lewis (Edwards and Lewis v. the United Kingdom, nos. 39647/98 and 40461/98, §§ 31 - 39, 22 July 2003; confirmed by the Grand Chamber on 27 October 2004).Referring to Rowe and Davis v. the United Kingdom ([GC], no. 28901/95, ECHR 2000-II) and Edwards and Lewis v. the United Kingdom (nos. 39647/98 and 40461/98, 22 July 2003; confirmed by the Grand Chamber on 27 October 2004), the applicant complained that the failure to order disclosure (primary or secondary) of the audio transcripts and observations not relied on by the Crown was in violation of Article 6 § 1 of the Convention.
In addition Article 6 § 1 requires that the prosecution authorities should disclose to the defence all material evidence in their possession for or against the accused (see Edwards and Lewis v. the United Kingdom, nos. 39647/98 and 40461/98, § 52, 22 July 2003, with further references to Jasper v. the United Kingdom [GC], no. 27052/95, § 51, 16 February 2000, and the Grand Chamber's judgment of 27 October 2004 in the Edwards and Lewis case).
- EGMR, 16.02.2000 - 28901/95
ROWE AND DAVIS v. THE UNITED KINGDOM
Auszug aus EGMR, 23.11.2004 - 39835/03
Referring to Rowe and Davis v. the United Kingdom ([GC], no. 28901/95, ECHR 2000-II) and Edwards and Lewis v. the United Kingdom (nos. 39647/98 and 40461/98, 22 July 2003; confirmed by the Grand Chamber on 27 October 2004), the applicant complained that the failure to order disclosure (primary or secondary) of the audio transcripts and observations not relied on by the Crown was in violation of Article 6 § 1 of the Convention. - EGMR, 16.02.2000 - 29777/96
FITT v. THE UNITED KINGDOM
Auszug aus EGMR, 23.11.2004 - 39835/03
(a) The failure to disclose material in the criminal proceedings against the applicant was different from that in cases such as Jasper, Fitt (Fitt v. the United Kingdom [GC], no. 29777/96, ECHR 2000-II), Rowe and Davis and Edwards and Lewis because in each of those cases it was accepted that the withheld evidence - which formed no part of the prosecution case against the accused - could be relevant to the defence case.