KNOX v. ITALY - 76577/13 (Judgment : Preliminary objection dismissed : First Section) French Text [2019] ECHR 79 (24 January 2019)

KNOX v. ITALY - 76577/13 (Judgment : Preliminary objection dismissed : First Section) French Text [2019] ECHR 79 (24 January 2019)

The Court found that the preliminary objection raised by the respondent was not substantiated and dismissed it. The Court examined whether the applicant's rights under the Convention were violated during the criminal proceedings, focusing on the circumstances of police interrogation, the absence of legal assistance,...

Source-derived case information.

Citation
[2019] ECHR 79
Parties
Applicant: Amanda Marie Knox; Respondent: Republic of Italy
Jurisdiction
European Union
Procedural Posture
Application to European Court of Human Rights / Judgment on Preliminary Objection
Outcome
Preliminary objection dismissed
Legal Topics
Right to Fair Trial, Right to Legal Assistance, Police Interrogation, False Accusation, Psychological Pressure, Use of Evidence, Dénonciation Calomnieuse
Human Rights Criminal Law International Law Right to Fair Trial Right to Legal Assistance Police Interrogation False Accusation Psychological Pressure +2 more

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Parties

Amanda Marie Knox

Applicant

Republic of Italy

Respondent

Procedural Posture

Application to European Court of Human Rights / Judgment on Preliminary Objection

  1. 1 Whether the applicant's rights under Articles 3, 6 §§ 1 and 3 a), c) and e), and 8 of the Convention were violated during police interrogation and criminal proceedings
  2. 2 Whether the applicant was deprived of legal assistance and subjected to psychological pressure
  3. 3 Whether the evidence used against the applicant was obtained in violation of procedural guarantees

Ratio Decidendi

The Court found that the preliminary objection raised by the respondent was not substantiated and dismissed it. The Court examined whether the applicant's rights under the Convention were violated during the criminal proceedings, focusing on the circumstances of police interrogation, the absence of legal assistance, and the use of statements obtained under psychological pressure. The Court concluded that the procedural guarantees were not adequately provided, but the preliminary objection did not warrant dismissal of the application.

Court Disposition

Preliminary objection dismissed

Orders

  • Proceed to substantive examination of the application
  • No immediate relief granted; case continues