CASTELLINO v. BELGIUM - 504/08 - Chamber Judgment (French Text) [2013] ECHR 748 (25 July 2013)

CASTELLINO v. BELGIUM - 504/08 - Chamber Judgment (French Text) [2013] ECHR 748 (25 July 2013)

The absence of motivation in the verdict of the Assize Court, combined with the lack of individualized and precise questions to the jury, deprived the applicant of sufficient guarantees to understand the reasons for his conviction, constituting a violation of Article 6 § 1 of the Convention.

Source-derived case information.

Citation
[2013] ECHR 748
Parties
Applicant: Domenico Castellino; Respondent: Kingdom of Belgium
Jurisdiction
European Union
Procedural Posture
Application to the European Court of Human Rights / Chamber Judgment
Outcome
Violation of Article 6 § 1 of the Convention; other complaints rejected as manifestly ill-founded or not requiring separate examination.
Legal Topics
Right to a Fair Trial, Motivation of Verdicts, Impartial Tribunal, Presumption of Innocence, Right to Examine Witnesses
Human Rights Law Criminal Law Right to a Fair Trial Motivation of Verdicts Impartial Tribunal Presumption of Innocence Right to Examine Witnesses

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Parties

Domenico Castellino

Applicant

Kingdom of Belgium

Respondent

Procedural Posture

Application to the European Court of Human Rights / Chamber Judgment

  1. 1 Whether the absence of motivation in the verdict of the Assize Court violated Article 6 § 1 of the Convention
  2. 2 Whether the applicant was denied the right to examine witnesses under Article 6 § 3(d)
  3. 3 Whether the composition of the court and media coverage violated the right to an impartial tribunal

Ratio Decidendi

The absence of motivation in the verdict of the Assize Court, combined with the lack of individualized and precise questions to the jury, deprived the applicant of sufficient guarantees to understand the reasons for his conviction, constituting a violation of Article 6 § 1 of the Convention.

Court Disposition

Violation of Article 6 § 1 of the Convention; other complaints rejected as manifestly ill-founded or not requiring separate examination.

Orders

  • The respondent State must pay the applicant 2,000 EUR for non-pecuniary damage.
  • The respondent State must pay the applicant 4,312.50 EUR for costs and expenses.