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Criminal procedure ECHR cases - Statistics
General Stats
- This quiz has been taken 1 time
- The average score is 7 of 13
Answer Stats
| Hint | Answer | % Correct |
|---|---|---|
| Schatschaschwili | 3-step test for using absent/anonymised witnesses; fairness safeguards required:3 step test to assess whether the use of absent or anonymous witness statements violates the right to confrontation (Article 6(3)(d) ECHR). Good reason for non-attendance or anonymity? Was the witness evidence the sole or decisive basis for conviction? Were there sufficient counterbalancing safeguards to ensure fairness? | 100%
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| Allan | Allan – Compulsion assessment depends on pressure, safeguards, and later use of evidence:Not every form of police pressure is unlawful, there are a number of factors to determine this Nature and degree of compulsion Existence/availability of relevant procedural safeguards (e.g., presence of a lawyer) Use to which any obtained material is put later in the procedure. | 100%
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| Buzadji | Grounds for pre-trial detention must be concrete; detention must remain necessary and proportionate:Pre-trial detention grounds for ECtHR: Risk of absconding Nationality and residence status Nationality alone isn’t enough — actual flight risk must be demonstrated. Criminal history and character Assets and financial/employment situation Prior compliance with judicial measures Community & family ties (integration) Availability of alternative measures Access to travel documents or escape means Expressed intent to flee Obstruction of justice (e.g. tampering with evidence) Risk of reoffending Disruption of public order Necessity and proportionality must be considered, with a preference for less intrusive alternatives Eg. house arrest, bail “After a certain lapse of time, the persistence of reasonable suspicion no longer suffices to justify pre-trial detention.” | 100%
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| Buck | House searches must meet proportionality/subsidiarity test:The Court assesses proportionality of house searches based on a set of clear criteria, as outlined in the Court’s assessment. Toolkit for evaluating proportionality and subsidiarity: Nature and severity of the offence Availability of less intrusive means Lack of Judicial Oversight Eg. Judicial Warrant Public and reputational impact | 100%
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| Prade | Prade – 4-step test for evidence admissibility balancing fairness and public interest:4 step test to assess admissibility of evidence Unlawfulness of evidence under national law Did the defendant have an effective opportunity to challenge the evidence? What is the quality, reliability and importance of the evidence? Where evidence is strong and reliable, the need for supporting evidence is correspondingly weaker. Consider whether it was a key piece of evidence or not. What is the balance between public interest and the accused’s fair trial rights? | 100%
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| Zaichenko | Right to silence and lawyer applies once treated as a suspect:Right to silence and legal counsel (Article 6(3(c)) ECHR) applies from the moment someone is treated as a suspect, not merely from the formal arrest or charge Including situations where a person is substantially affected by criminal proceedings Eg. Being questioned under suspicion | 100%
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| Gafgen | Threats of torture = violation of Article 3:Conditions of torture (what constitutes torture) and that threatening is also prohibited. Even threats of torture, not just actual torture, can already amount to improper compulsion and breach Article 3. | 100%
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| Salduz | Access to a lawyer is the general rule; key for fair trial:Access to a lawyer is the general rule The right to a lawyer is triggered from the first interrogation, unless there are compelling reasons not to The waiver of the right to a lawyer must be voluntary, informed and unequivocal | 0%
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| Ibrahim | Exceptions to lawyer right allowed if trial remains fair; waiver must be informed and voluntary:Exceptions to a right to a lawyer (Article 6(3)(c) ECHR) are allowed, but any subsequent trial must still be fair Exceptions to right to a lawyer are permissible, insofar as the subsequent trial remains fair Clarified that any waiver of the right must be voluntary, informed, and unequivocal. Passive receipt of a spontaneous confession does not breach Article 6 unless police deliberately manipulate the situation. | 0%
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| Beuze | High threshold to restrict lawyer access; two-step fairness test:Threshold for justifying denial of lawyer access is high Two-step test Compelling reasons to restrict access Temporary restriction Individual assessment Exceptional circumstances Averting serious danger to life, freedom or physical integrity Prejudiced the rights of the defence - does it fuck over the defence unfairly Was fairness of trial preserved Was this against a Vulnerable suspect / defendant? Was there a proper legal framework governing the pre-trial proceedings Applicant had the opportunity to challenge the authenticity of evidence Does the quality of the evidence and circumstances in which it as obtained cast doubt on its reliability / accuracy Was there a degree of compulsion Was evidence obtained unlawfully Was a statement made that was retracted / modified To which use is the evidence put Was assessment of guilt performed by professional judges, lay magistrates, jurors What directions were provided to them Public interest Other relevant safeguards | 0%
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| Bjarki | Lawyer right applies during interrogation, even if not arrested:Clarified that right to a lawyer (Article 6(3)(c) ECHR applies while being interrogated without having formally been arrested | 0%
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| Natsvilishvili | Plea deals must be voluntary, informed, lawyer-assisted, and reviewed:The Court set out requirements for plea agreements to meet Article 6 ECHR standards of fairness Plea must be voluntary, unequivocal and based on informed consent The accused must have had access to a lawyer and time to consult There must be a public hearing and judicial review of the agreement’s fairness (and pressure) and the evidence supporting it. The overall fairness of the trial must be preserved. | 0%
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| O hara | Reasonable suspicion | 0%
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