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H v. France

European Court of Human Rights.  24 October 1989 .

Published online by Cambridge University Press:  01 January 2021

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Abstract

Human rights — Access to court — Right to hearing within a reasonable time — Proceedings lasting over seven years — Delay principally attributable to conduct of national authorities — Single period of over four years when no investigative measures taken — Back-log of cases — Whether temporary — Absence of remedial action — Whether a violation of right to hearing within a reasonable time — European Convention on Human Rights, 1950, Article 6(1)

Human rights — Right to fair trial — Investigative measures — Duty of national courts to assess usefulness — Application for appointment of medical expert in contentious proceedings — National courts refusing to appoint — Whether proceedings fair as a whole — European Convention on Human Rights, 1950, Article 6(1)

State responsibility — For acts of the judiciary — Back-log of cases — Failure to take remedial action — Whether engaging responsibility of State

Type
Case Report
Copyright
© Cambridge University Press 1994

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