A6 Right to Fair trial

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G Q E N G E L V N E T H E R L A N D S C G
P H J V V V R D C L I I T X W A U M J Y Q
L E S Y Q X K O I N G V G E R M A N Y I H
X J L R E S A L D U Z V T U R K E Y P C U
K G S P C O Z T U R K V G E R M A N Y K E
I T L H U Q X N V D B Q D G M U O K B K R
A P I E R S A C K V B E L G I U M H N O X
O H A L L O R A N F R A N C I S V U K O T
U E R K T I T I M R T O W D T B E O B Q A
O P R J U W L X L G M H N W L D M C N G X
K H P I E R S A C K C O N T E R C N P U A
Q Y V O S G D N Y F J D V S N S U T Y E A
O N P N N K M E W H R R S M I B P Y O J K
U H G E F T R F B L E V B X K T R U J M O
O V Q W E T J E J M I W S F F U B F K G T
E H L Y Y J A L L O H V G E R M A N Y E B
R T V Y J I N C A L V T U R K E Y P N A A
T S J O H N M U R R A Y V U K J S K S F H
G I E O Y R T K U L N U F Y H Y E K G W V
W A W E S I L C D K J G H U E A F I D R T
S Y X X S V P X F R I O J Q X H A N O M F

Clues

  • 17 arrested for illegal demonstration, state sec courts no right legal advice. 2 yr imprison. A6 need lawyer from 1st interrogation unless reasons exceptional to justify. Breach (6, 1, 6)
  • breach military rules discipline in their courts & punished in military prison for months.felt not meet A6. Must show crim charge - separate to criminal law so outside scope? (autonomous) nature of conduct & severity of sanction = crim charge (5, 1, 11)
  • Career judicial system. P accused Murder senior prosecutor involved. They were then the judge on his trial. St - breach impartiality for prior involvement. subjective - personal issues Objective - other doubts.Subj more difficult (8, 1, 7)
  • drug dealer who swallowed drugs, forcing throw up violated silence? St - if forced to confess (verbal) or other evidence by torture alway breaches A6(1). Inhuman treatment = breach. (6, 1, 7)
  • Gr decriminalize minor road offence, O drove and caused property damage, council found liable for admin offence £15. Insufficient penalty (regulatory), nature of conduct was sufficient enough to be criminal charge. (6, 1, 7)
  • Grand Chamber deal w/ enforcing speed cameras. O replied with identity and fined. F refused to identify so prosecuted for failure. St - notice pressures with fines to speak. driving privilege & dangerous, appt for limitations. special regime = no bre (9, 7, 1, 2)
  • IRA kidnap, raided house, arrested J, kept silent. told it may count against him in court. Charged. St - A6 isnt guaranteed its implied. show: weight to silence in trial & degree of compulsion to break silence. lots of other evidence & no pressure. (4, 6, 1, 2)
  • Publishing political leaflets prosecution for nat. sec. In special nat sec court. 3 judges, 1 was member of armed forces, Military judge. Found not independant still in forces so accountable to Gov (direct link). Broadly unaccepted. (5, 1, 6)
  • R. time? 3 factors: complexity of case, behaviour of D (ask + witness, appeals), behaviour of state officials(police drag out, delay evidence). Proceeded 11yrs was unR many systematic failures (5, 1, 7)
  • Raised obj no guarantee overcoming the bias & hadnt so violation of objective impartiality. (8, 4)

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