TSIVELIS v. GREECE - 41762/08 [2011] ECHR 36 (13 January 2011)

TSIVELIS v. GREECE - 41762/08 [2011] ECHR 36 (13 January 2011)

The length of the criminal proceedings against the applicant, lasting over six years and still pending, was excessive and failed to meet the 'reasonable time' requirement under Article 6 § 1 of the Convention.

Source-derived case information.

Citation
[2011] ECHR 36
Parties
Applicant: Evaggelos Tsivelis; Respondent: Hellenic Republic
Jurisdiction
European Union
Judgment Date
13 January 2011
Procedural Posture
Application Under Article 34 of the European Convention on Human Rights / Judgment on Admissibility and Merits
Outcome
Complaint regarding excessive length of proceedings admissible and violation found; remainder of application inadmissible; no just satisfaction awarded.
Legal Topics
Right to a Hearing Within a Reasonable Time, Length of Criminal Proceedings, Admissibility of Complaints, Exhaustion of Domestic Remedies
Human Rights Law Criminal Procedure Right to a Hearing Within a Reasonable Time Length of Criminal Proceedings Admissibility of Complaints Exhaustion of Domestic Remedies

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Parties

Evaggelos Tsivelis

Applicant

Hellenic Republic

Respondent

Procedural Posture

Application Under Article 34 of the European Convention on Human Rights / Judgment on Admissibility and Merits

Legal Issues

  1. 1 Whether the length of criminal proceedings against the applicant was unreasonable under Article 6 § 1 of the Convention
  2. 2 Whether the complaint regarding unfairness of proceedings is admissible

Ratio Decidendi

The length of the criminal proceedings against the applicant, lasting over six years and still pending, was excessive and failed to meet the 'reasonable time' requirement under Article 6 § 1 of the Convention.

Court Disposition

Complaint regarding excessive length of proceedings admissible and violation found; remainder of application inadmissible; no just satisfaction awarded.

Orders

  • Complaint concerning excessive length of proceedings declared admissible.
  • Remainder of application declared inadmissible.