KHALEDIAN v. BELGIUM - 42874/09 - Chamber Judgment (French Text) [2014] ECHR 1299 (18 November 2014)

KHALEDIAN v. BELGIUM - 42874/09 - Chamber Judgment (French Text) [2014] ECHR 1299 (18 November 2014)

The combination of a limited indictment and laconic, non-individualized jury questions did not allow the applicant to understand the reasons for his conviction or differentiate his role from co-accused. The absence of appeal on facts compounded the lack of procedural safeguards. There was a violation of Article 6 § 1.

Source-derived case information.

Citation
[2014] ECHR 1299
Parties
Applicant: Hiwa Khaledian; Respondent: Kingdom of Belgium
Jurisdiction
European Union
Procedural Posture
Application to European Court of Human Rights / Chamber Judgment
Outcome
violation of Article 6 § 1 of the Convention found
Legal Topics
Right to a Fair Trial, Motivation of Verdicts, Jury Procedure, Article 6 ECHR
Criminal Law Human Rights Law Right to a Fair Trial Motivation of Verdicts Jury Procedure Article 6 ECHR

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Parties

Hiwa Khaledian

Applicant

Kingdom of Belgium

Respondent

Procedural Posture

Application to European Court of Human Rights / Chamber Judgment

  1. 1 Whether the lack of motivation in the verdict of the jury and the judgment of the assize court violated Article 6 § 1 of the Convention

Ratio Decidendi

The combination of a limited indictment and laconic, non-individualized jury questions did not allow the applicant to understand the reasons for his conviction or differentiate his role from co-accused. The absence of appeal on facts compounded the lack of procedural safeguards. There was a violation of Article 6 § 1.

Court Disposition

violation of Article 6 § 1 of the Convention found

Orders

  • State must pay applicant 2,000 EUR for moral damage within three months of final judgment, plus any applicable tax.
  • Interest at the ECB marginal lending facility rate plus three percentage points applies after three months until payment.