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  • Does Article 13 guarantee the availability of a remedy but not a successful outcome?

    Article 13 guarantees the availability of a remedy but not a successful outcome (R. v. the United Kingdom, Commission decision, 1984). Feeble prospects of success in the light of the particular circumstances of the case do not detract from the “effectiveness” of a remedy for the purpose of Article 13 (Murray v. the United Kingdom, 1994, § 100).

  • Why is Article 13 important?

    95. Given the fundamental importance of the prohibition of torture and the especially vulnerable position of torture victims, Article 13 imposes, without prejudice to any other remedy available under the domestic system, an obligation on States to carry out a thorough and effective investigation of incidents of torture (Aksoy v.

  • What is a violation of Article 13?

    Violation of Article 13 in conjunction with Article 3 of the Convention and Article 4 of Protocol No. 4. “1. No one shall be held in slavery or servitude. 2. No one shall be required to perform forced or compulsory labour. 3. For the purpose of this Article the term ‘forced or compulsory labour’ shall not include:

  • What does Article 13 octroi mean?

    Article 13 secures the granting of an effective remedy before a national authority to everyone whose Convention rights and freedoms have been violated. The word “grant” (“octroi”) does not appear in the English text of Article 13, which reads “everyone ... shall have an effective remedy”. 6.

What is the Purpose of this Compilation?

This compilation is aimed at ensuring an easier application of the reasonable time standard. It aims to explain this fundamental procedural guarantee and how to use it. It also aims to identify factors that impact the duration of legal proceedings and describe some of the mechanisms preventing litigation delays, including those resulting from the f

Article 6 – “Right to a fair trial”

1. 1. In the determination of his civil rights and obligations or of any criminal charge against him, everyone is entitled to a fair and public hearing within a reasonable time by an independent and impartial tribunal established by law. Judgment shall be pronounced publicly but the press and public may be excluded from all or part of the trial in

APPLICABLE CRITERIA FOR ASSESSMENT OF REASONABLE LENGTH OF PROCEEDINGS

III. APPLICABLE CRITERIA FOR ASSESSMENT OF REASONABLE LENGTH OF PROCEEDINGS rm.coe.int

A. No violations

This compilation is aimed at ensuring an easier application of the reasonable time standard. It aims to explain this fundamental procedural guarantee and how to use it. It also aims to identify factors that impact the duration of legal proceedings and describe some of the mechanisms preventing litigation delays, including those resulting from the f

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