Published on 13 December 2021 and 22 July 2024
FOURTH SECTION
Application no. 9791/20
Basem BOURSHALLI
against Austria
lodged on 12 February 2020
communicated on 24 November 2021 and 3 July 2024
The facts and complaints in this case have been summarised in the Court’s Subject matter of the case and Questions to the parties, which is available in HUDOC.
FURTHER QUESTIONS TO THE PARTIES
Has the applicant exhausted all effective domestic remedies, as required by Article 35 § 1 of the Convention?
Did the applicant have available to him an effective remedy within the meaning of this provision to challenge the use of the protocols of the police interrogation allegedly obtained in contravention of his rights under Article 6 §§ 1 and 3 (c) and (e) of the Convention, including of his right to be informed of these rights?
In particular, having regard to the Supreme Court’s decision of 23 July 2019 (11 Os 41/19t‑8), was a request not to have the interrogation protocols featured in the trial an effective remedy within the meaning of this provision?