Information Note on the Court’s case-law No.
May 1997
Georgiadis v. Greece - 21522/93
Judgment 29.5.1997
Article 6
Article 6-1
Fair hearing
Fairness of proceedings for compensation in respect of detention followed by acquittal: violation
[This summary is extracted from the Court’s official reports (Series A or Reports of Judgments and Decisions). Its formatting and structure may therefore differ from the Case-Law Information Note summaries.]
I.ARTICLE 6 § 1 OF THE CONVENTION
A.Applicability
Applicant prevented from lodging claim for compensation on account of army tribunals' rulings - there was a "dispute".
Tribunals held that no compensation should be granted to applicant - outcome of proceedings directly decisive for applicant's right to compensation.
Right to compensation is of civil nature - uncontested private‑law features and fact that civil courts decide on precise extent confirm this view - Article 6 § 1 applicable.
B.Compliance
Army tribunals' proprio motu rulings definitely precluded applicant from making application for compensation - procedures whereby civil rights are determined without hearing parties' submissions are incompatible with Convention.
Furthermore, compensation refused by succinct reference to applicant's own gross negligence - lack of precision of concept which involves assessment of facts and decisive character of finding for applicant's right required more detailed reasons.
Conclusion: violation (unanimously).
II.ARTICLE 13 OF THE CONVENTION
Given finding in respect of Article 6 § 1, not necessary to examine complaint under this head.
Conclusion: not necessary to examine complaint (unanimously).
III.ARTICLE 50 OF THE CONVENTION
A.Pecuniary damage: Court cannot speculate as to outcome of proceedings had applicant benefited from all safeguards enshrined in Article 6 - claim rejected.
B.Non-pecuniary damage: finding of violation provides sufficient just satisfaction.
C.Costs and expenses: awarded on an equitable basis.
Conclusion: respondent State to pay a specified sum to applicant (unanimously).
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This summary by the Registry does not bind the Court.
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