Article 6 and 8

Question 1

what does article 6 say

Answer 1

right to a fair trial

Question 2

is article 6 subject to any exceptions

Answer 2

no, it is not subject to any exceptions, though the procedural requirements of a fair trial may differ according to the circumstances

Question 3

what does section 2 of article 6 say

Answer 3

each person charged with an offence shall be presumed innocent until proved guilty

Question 4

what does section 3 of article 6 include

Answer 4

a) informed promptly
b) adequate time and facilities to prepare a defence
c) defend the case personally/legal representation
d) obtain the attendance and examine witnesses
e) assisted by interpreter if unable to understand language

Question 5

what amounts to a ‘civil right/obligation’

Answer 5

decisions affecting housing payments, tax liabilities and welfare benefits falls in the scope of art 6

Question 6

what happened in the case of Tsafayo v uk

Answer 6

T complained on the review board, who rejected her claim, lacked independence and impartiality contrary to art 6(1)

Question 7

what did the ECtHR hold in the case of tsafayo v UK

Answer 7

violation of art 6(1) was not merely lacking in independence from the executive but ws directly connected to one of the parties to the dispute

Question 8

how does article 6 work on the idea of criminal charges

Answer 8

art 6 is applicable as soon as a person has been informed by a competent legal authority that a allegation of a criminal act has been made against him

Question 9

what happened in the case of Corigliano v Italy

Answer 9

C, a lawyer, was present at an arrest. public prosecutor instigated proceedings for criminal slander against C - proceedings commenced in 1973 and ceased in 1980

Question 10

what did the ECtHR hold in the case of corigliano v Italy

Answer 10

proceedings had been subject to delays incompatible with art6(1)

Question 11

what does article 6 not have on foreign nationals

Answer 11

article 6 has no application to the decision to deport or remove foreign nationals from a particular contracting state

Question 12

what happened in the case of Maaouia v france

Answer 12

applicant was a tunisian national, refused to return to tunisia and prosecuted for failing a deportation order

Question 13

what was held in the case of maaouia v france

Answer 13

such orders constituted a special preventive measure for the purposes of immigration control and did not concern the determination of a criminal charge against the applicant for the purposes of art 6(1)
accordingly decisions regarding the entry, stay and deportation of aliens did not concern the determination of an applicant’s civil rights or obligations or of a criminal charge against him
it was followed that art6(1) was not applicable in the instant case

Question 14

what happened in the case of Golder v UK

Answer 14

golder was a convicted prisoner, an officer was injured and the officer ‘tentaively’ identified golder - golder was placed in segretation and informed that disciplinary action might be brought against him
g wrote letters, prison governor stopped these letters, prison officer who named golder having participated in the incident withdrew allegation - no chaarges were brought against golder, but entries related to the incident were made in his prison record

Question 15

what did golder request in the case of golder v uk

Answer 15

golder requested permission to consult a solicitor with a view to instituting libel proceedings against the prison officer, but this was refused

Question 16

what did the ECtHR hold in the case of Golder v UK

Answer 16

although the right of access to the courts was not expressly stated in art6(1), it formed an aspect of the basic single right contained in the article - the principle where a civil claim should be capable of being submitted to a judge ranked as one of the ‘universally ‘recognised’ fundamental principles of law’.Art6(1) secured the right to bring cases before courts - therefore in golders case, it was a breach of art 6(1)

Question 17

what does art 8 say

Answer 17

right to respect for private and family life

Question 18

what happened in the case of pretty v uk regarding article 8

Answer 18

“private life” is a board term, can embrace aspects of an individual’s physical and social identity - elements such as gender, sexual orientation - art 8 also protects a right to personal development, establishing and developing relationships

Question 19

what happened in the case of silver v UK

Answer 19

six applicants were prison inmates whose correspondence had been stopped by prison authorities, applicants had each attempted to pursue complaints but without success - silver alleged that the prison govenor had stopped him from mking a complaint, applicants alleged that the control of their mail breaches art 8

Question 20

what was held by the ECtHR in the case of silver v uk

Answer 20

stopping letters was clearly an interference with the prisoners rights under art 8, the interference had been carried out other than ‘in accordance with the law’.
correspondence with a legal adviser had been restricted and ‘objectionale’ letters had been stopped without an official explanation having been given