KORBELY v. HUNGARY View

Notes

Date	19/09/2008
AppNr	9174/02
Body	Court (Grand Chamber)
Type	Judgment (Merits and Just Satisfaction)
Articles	29-3; 6-1; 7
Violated / NonViolated	7
Citations	2355-17857

Conclusions:

Remainder inadmissible
Violation of Art. 7

Keywords:

(art. 6) criminal proceedings
(art. 6-1) fair hearing
(art. 7-1) criminal offence
(art. 7-1) nullum crimen sine lege

ECHR Notes

Originating Body	Court (Grand Chamber)
Document Type	Judgment (Merits and Just Satisfaction)
Published in	Selected for publication in Reports of Judgments and Decisions
Language	ENGLISH;FRENCH;RUSSIAN
Application Number	9174/02
Importance Level	1
Represented by	CECH A.
Respondent State	Hungary
Date of Judgment	19/09/2008
Conclusion	Violation of Art. 7 ; Remainder inadmissible
Articles	6-1 , 7 , 29-3
Separate Opinions	Yes
Law at Issue	Article 7 (1) of the Constitution ; Section 1 of the Act no. 90 of 1993 on proceedings concerning certain crimes committed during the 1956 uprising and revolution ; Order no. 20/1956 (H.K.6.)VKF of the General Chief of Staff on the Teaching of the 1949 Geneva Conventions
Strasbourg Case Law	Behrami and Behrami v. France (dec.) [GC], no. 71412/01 ; C.R. v. the United Kingdom, judgment of 22 November 1995, Series A no. 335-C, pp. 68-69, §§ 32-34 ; Jorgic v. Germany, no. 74613/01, §§ 100-101, 12 July 2007 ; Pélissier and Sassi v. France [GC], no. 25444/94, § 67, ECHR 1999-II ; S.W. v. the United Kingdom, judgment of 22 November 1995, Series A no. 335-B, pp. 41-42, §§ 34-36 ; Saramati v. France, Germany and Norway (dec.) [GC], no. 78166/01 (joined), § 122, ECHR 2007 ; Streletz, Kessler and Krenz v. Germany [GC], nos. 34044/96, 35532/97 and 44801/98, § 50, ECHR 2001-II ; Waite and Kennedy v. Germany [GC], no. 26083/94, § 54, ECHR 1999-I
External Sources	Article 3 of the Convention (IV) relative to the Protection of Civilian Persons in Time of War (Geneva, 12 August 1949) ; Article 1 of the Protocol Additional (II) to the Geneva Conventions of 12 August 1949, and relating to the Protection of Victims of Non-International Armed Conflicts, adopted on 8 June 1977 ; Article 41 (2) of the Protocol Additional (I) to the Geneva Conventions of 12 August 1949, and relating to the Protection of Victims of International Armed Conflicts, adopted on 8 June 1977 ; Article 6 (c) of the Charter of the International Military Tribunal annexed to the London Agreement (8 August 1945) ; Article 5 of the Statute of the International Criminal Tribunal for the Former Yugoslavia ; Article 3 of the Statute of the International Criminal Tribunal for Rwanda ; Article 7 of the Rome Statute of the International Criminal Court ; Articles 1 and 2 of the Convention on the Non-Applicability of Statutory Limitations to War Crimes and Crimes against Humanity
Keywords	"(Art. 6) CRIMINAL PROCEEDINGS" "(Art. 6-1) FAIR HEARING" "(Art. 7-1) CRIMINAL OFFENCE" "(Art. 7-1) NULLUM CRIMEN SINE LEGE"

References 6

	10 JORGIC v. GERMANY 6-1, 5-1, 7 Court (Fifth Section) Judgment (Merits)	12/07/2007
	17 BEHRAMI AND BEHRAMI v. FRANCE and SARAMATI v. FRANCE, GERMANY AND NORWAY Court (Grand Chamber) Decision	02/05/2007
	149 STRELETZ, KESSLER AND KRENZ v. GERMANY 7-1, 14, 7 Court (Grand Chamber) Judgment (Merits)	22/03/2001
	1002 PÉLISSIER AND SASSI v. FRANCE 6-3-a, 6-1, 6-3-b Court (Grand Chamber) Judgment (Merits and Just Satisfaction)	25/03/1999
	110 WAITE AND KENNEDY v. GERMANY 6-1 Court (Grand Chamber) Judgment (Merits)	18/02/1999
	52 C.R. v. THE UNITED KINGDOM 7-1 Court (Chamber) Judgment (Merits)	22/11/1995

Citations Breakdown

1–10 of 11

Citations 11

	LOKPO AND TOURE v. HUNGARY 5-1 Court (Second Section) Judgment (Merits and Just Satisfaction)	20/09/2011
	1 KAROUSSIOTIS v. PORTUGAL 8 Court (Second Section) Judgment (Merits and Just Satisfaction)	01/02/2011
	10 NEULINGER AND SHURUK v. SWITZERLAND 8 Court (Grand Chamber) Judgment (Merits and Just Satisfaction)	06/07/2010
	VAN ANRAAT v. THE NETHERLANDS Court (Third Section) Decision	06/07/2010
	2 KONONOV v. LATVIA 7 Court (Grand Chamber) Judgment (Merits and Just Satisfaction)	17/05/2010
	STOICA c. FRANCE Court (Fifth Section) Decision	20/04/2010
	8 SANDRU AND OTHERS v. ROMANIA 2 Court (Third Section) Judgment (Merits and Just Satisfaction)	08/12/2009
	12 VARNAVA AND OTHERS v. TURKEY 2, 3, 5, 5 Court (Grand Chamber) Judgment (Merits and Just Satisfaction)	18/09/2009
	1 LIIVIK v. ESTONIA 7 Court (Fifth Section) Judgment (Merits and Just Satisfaction)	25/06/2009
	DENESOSKI v. "THE FORMER YUGOSLAV REPUBLIC OF MACEDONIA" Court (Fifth Section) Decision	09/06/2009

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