PANJU v. BELGIUM (No. 2) - 49072/21 (Judgment : No Article 13+6-1 - Right to an effective remedy : Second Section) French Text [2023] ECHR 429 (23 May 2023)

PANJU v. BELGIUM (No. 2) - 49072/21 (Judgment : No Article 13+6-1 - Right to an effective remedy : Second Section) French Text [2023] ECHR 429 (23 May 2023)

The Court held that the inadmissibility of prosecution, as declared by the Belgian courts, constituted an adequate remedy for the excessive length of proceedings, as it recognized an irreparable breach of the right to a fair trial and terminated the proceedings. The lack of further compensation was due to the...

Source-derived case information.

Citation
[2023] ECHR 429
Parties
Applicant: Zulfikarali Panju; Respondent: Kingdom of Belgium
Jurisdiction
European Union
Procedural Posture
European Court of Human Rights Application / Judgment
Outcome
No violation of Article 13 combined with Article 6 § 1 of the Convention
Legal Topics
Right to an Effective Remedy, Right to a Fair Trial, Excessive Length of Proceedings, State Liability, Compensation for Procedural Delay
Human Rights Law Criminal Procedure Civil Liability Right to an Effective Remedy Right to a Fair Trial Excessive Length of Proceedings State Liability Compensation for Procedural Delay

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Parties

Zulfikarali Panju

Applicant

Kingdom of Belgium

Respondent

Procedural Posture

European Court of Human Rights Application / Judgment

  1. 1 Whether the applicant had an effective remedy for excessive length of criminal proceedings under Article 13 combined with Article 6 § 1 of the Convention
  2. 2 Whether the lack of additional compensation for moral and material damage violated the Convention

Ratio Decidendi

The Court held that the inadmissibility of prosecution, as declared by the Belgian courts, constituted an adequate remedy for the excessive length of proceedings, as it recognized an irreparable breach of the right to a fair trial and terminated the proceedings. The lack of further compensation was due to the applicant's failure to prove additional damage, not a deficiency in the remedy. Therefore, there was no violation of 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

Orders

  • The application is declared admissible.
  • It is held unanimously that there has been no violation of Article 13 combined with Article 6 § 1 of the Convention.