HIERNAUX v. BELGIUM - 28022/15 (Judgment (Merits and Just Satisfaction) : Court (Second Section)) French Text [2017] ECHR 93 (24 January 2017)

HIERNAUX v. BELGIUM - 28022/15 (Judgment (Merits and Just Satisfaction) : Court (Second Section)) French Text [2017] ECHR 93 (24 January 2017)

The Court found that, although the preventive remedies under Belgian criminal procedure did not provide the applicant with concrete redress in this case, the compensatory remedy through civil action for damages is now effective in Belgian law and practice. Therefore, the applicant was not deprived of an effective...

Source-derived case information.

Citation
[2017] ECHR 93
Parties
Applicant: Anne-France Hiernaux; Respondent: Kingdom of Belgium
Jurisdiction
European Union
Procedural Posture
Application Under Article 34 ECHR / Judgment (merits and Just Satisfaction)
Outcome
No violation of Article 13 combined with Article 6 § 1 of the Convention
Legal Topics
Right to an Effective Remedy, Reasonable Time Requirement, Excessive Length of Proceedings, Remedies for Procedural Delay
Human Rights Law Criminal Procedure Right to an Effective Remedy Reasonable Time Requirement Excessive Length of Proceedings Remedies for Procedural Delay

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Downloadable case file Legal principles 3 Authorities cited 13 Party arguments 2
Sign in to unlock

Parties

Anne-France Hiernaux

Applicant

Kingdom of Belgium

Respondent

Procedural Posture

Application Under Article 34 ECHR / Judgment (merits and Just Satisfaction)

  1. 1 Whether the applicant had an effective remedy for the excessive length of criminal proceedings under Article 13 combined with Article 6 § 1 of the Convention

Ratio Decidendi

The Court found that, although the preventive remedies under Belgian criminal procedure did not provide the applicant with concrete redress in this case, the compensatory remedy through civil action for damages is now effective in Belgian law and practice. Therefore, the applicant was not deprived of an effective remedy as required by Article 13 combined with Article 6 § 1 of the Convention.

Court Disposition

No violation of Article 13 combined with Article 6 § 1 of the Convention