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Article 6 Of The European Convention On Human Rights
Article 6 of the European Convention on Human Rights is a provision of the European Convention which protects the right to a fair trial in criminal law cases and in cases to determine civil rights. It protects the right to a public hearing before an independent and impartial tribunal within a reasonable time, the presumption of innocence, right to silence and other minimum rights for those charged in a criminal case (adequate time and facilities to prepare their defence, access to legal representation, right to examine witnesses against them or have them examined, right to the free assistance of an interpreter). Text Article 6 reads as follows. Application The concept of "civil rights and obligations" at the beginning of Article 6 applies to ones granted at the level of the Council of Europe, and not at the national level. Accordingly, the applicability of Article 6 is contingent on the existence of a breach of such "civil rights and obligations" regardless of the national cla ...
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European Convention On Human Rights
The European Convention on Human Rights (ECHR; formally the Convention for the Protection of Human Rights and Fundamental Freedoms) is a Supranational law, supranational convention to protect human rights and political freedoms in Europe. Drafted in 1950 by the newly formed Council of Europe,The Council of Europe should not be confused with the Council of the European Union or the European Council. the convention entered into force on 3 September 1953. All Member states of the Council of Europe, Council of Europe member states are party to the convention and new members are expected to ratify the convention at the earliest opportunity. The convention established the European Court of Human Rights (generally referred to by the initials ECtHR). Any person who feels their rights have been violated under the convention by a state party can take a case to the court. Judgments finding violations are binding on the states concerned and they are obliged to execute them. The Committee o ...
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García Ruiz V Spain
García or Garcia may refer to: People * García (surname) * Kings of Pamplona/Navarre ** García Íñiguez of Pamplona, king of Pamplona 851/2–882 ** García Sánchez I of Pamplona, king of Pamplona 931–970 ** García Sánchez II of Pamplona, king of Pamplona 994–1004 ** García Sánchez III of Navarre, king of Navarre 1035–1054 ** García Ramírez of Navarre, king of Navarre 1134–1150 * Kings of León/Galicia ** García I of León ** García II of Galicia Places * Garcia, Tarragona, a municipality in Ribera d'Ebre, Spain * García, Nuevo León, a municipality in Mexico * Garcia, Colorado, an unincorporated town in the United States Entertainment * '' Los tres García'' (), Mexican film from the Golden Age of cinema Television * ''Los Garcia'' (), Puerto Rican television comedy show the 1970s * ''The Garcias'', American television series * ''¡García!'', Spanish television series Music * ''Garcia'' (album), an album by Jerry Garcia * Garcia (band), a German ...
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Speedy Trial
In criminal law, the right to a speedy trial is a human right under which it is asserted that a government prosecutor may not delay the trial of a criminal suspect arbitrarily and indefinitely. Otherwise, the power to impose such delays would effectively allow prosecutors to send anyone to jail for an arbitrary length of time without trial, expressed as the maxim Justice delayed is justice denied. Although it is important for the protection of speedy trial rights for there to be a court in which a defendant may complain about the unreasonable delay of the trial, it is also important that nations implement structures that avoid the delay. Jurimetrics allows to estimate the current judicial efficiency. Speedy justice tends to correlate with quality and fairness of justice. Recognition of speedy trial rights In jurisdictions with strong rule of law, the requirement of a "speedy trial" forces prosecutors to diligently build cases within a reasonable amount of time commensurat ...
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Natural Justice
In English law, natural justice is technical terminology for the rule against bias (''nemo iudex in causa sua'') and the right to a fair hearing (''audi alteram partem''). While the term ''natural justice'' is often retained as a general concept, it has largely been replaced and extended by the general "duty to act fairly". The basis for the rule against bias is the need to maintain public confidence in the legal system. Bias can take the form of actual bias, imputed bias, or apparent bias. Actual bias is very difficult to prove in practice whereas imputed bias, once shown, will result in a decision being void without the need for any investigation into the likelihood or suspicion of bias. Cases from different jurisdictions currently apply two tests for apparent bias: the "reasonable suspicion of bias" test and the "real likelihood of bias" test. One view that has been taken is that the differences between these two tests are largely semantic and that they operate similarly. ...
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Human Rights Act 1998
The Human Rights Act 1998 (c. 42) is an Act of Parliament (United Kingdom), Act of Parliament of the United Kingdom which received royal assent on 9 November 1998, and came into force on 2 October 2000. Its aim was to incorporate into UK law the rights contained in the European Convention on Human Rights. The Act makes a remedy for breach of a Convention right available in UK courts, without the need to go to the European Court of Human Rights (ECHR) in Strasbourg. In particular, the Act makes it unlawful for any public body to act in a way which is incompatible with the convention, unless the wording of any other primary legislation provides no other choice. It also requires the judiciary (including tribunals) to take account of any decisions, judgment or opinion of the European Court of Human Rights, and to interpret legislation, as far as possible, in a way which is compatible with Convention rights. However, if it is not possible to interpret an Act of Parliament so as to mak ...
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Benthem V Netherlands
''Benthem v'' ''Netherlands'' was a European Court of Human Rights case on the right to a fair trial. It concerned the grant of a permit by a municipal authority, with which the Dutch Government, then referred to as the Crown in legal cases, disagreed. Several legal proceedings were brought in respect of this permit, which were ultimately decided by the Government itself, under the ' procedure ('Crown appeal'). Benthem eventually filed an application before the Court and claimed that the Government had denied him the right to a fair trial of of the European Convention on Human Rights (ECHR), arguing that the Government was not an "independent and impartial tribunal". The Court held that there was a violation of ECHR. The ruling of the Court led to substantial changes of Dutch administrative law, most notable the elimination of the ' and the establishment of a separate court procedure. Facts Albert Benthem used to own and run a garage in Noordwolde, Netherlands. In , he appli ...
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John Murray V United Kingdom
''John Murray v United Kingdom'' was a legal case heard by the European Court of Human Rights in 1996 regarding the right to silence in the United Kingdom, especially the legality of the reduction in the right so as to allow for adverse inferences to be made. John Murray was one of eight people arrested on 7 January 1990 in Belfast, Northern Ireland under the Prevention of Terrorism (Temporary Provisions) Act 1989; he was cautioned as specified in the Criminal Evidence (Northern Ireland) Order 1988. Following his arrest and over twelve interviews at Castlereagh, totaling over twenty-one hours in the next two days, Mr Murray refused to answer any questions despite being warned each time that "a court might draw such ommon senseinference as appeared proper from his failure or refusal to do so". At the trial in May 1991 before the Lord Chief Justice of Northern Ireland, sitting without a jury, Mr Murray chose not to give evidence. As part of his decision the judge drew adverse i ...
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Xero Flor V
Xero may refer to: * Xero (band), an Australian punk band *Xero (company), a New Zealand financial software company * ''Xero'' (film), an experimental 2010 German film * Xero (Linkin Park), an early name for the band Linkin Park, as well as a demo tape of the same name * ''Xero'' (SF fanzine), American fanzine published from 1960 to 1963 * ''Xero'' (comics), comic book series and superhero created by Christopher Priest and ChrisCross * Xero Shoes, a brand of minimalist footwear See also * Xeros (other) * Zero (other) Zero is a number. Zero or Zeros may also refer to: Arts, entertainment and media Comics * Zero (Marvel Comics), several characters in the Marvel Comics Universe * ''Zero'' (manhwa), a Korean manhwa by Dall-Young Lim and Park Sung-woo * ''Zero ...
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Guðmundur Andri Ástráðsson V
Guðmundur (), sometimes rendered as Gudmundur, is an Icelandic male first name, sometimes shortened to Gummi or Gvendur. The Icelandic surname Guðmundsson is a patronymic surname meaning ''son of Guðmundur''. Guðmundsdóttir is a patronymic surname meaning ''daughter of Guðmundur''. Guðmundur may refer to: *Guðmundur Arason (1161–1237), 12th and 13th century Icelandic saintly bishop * Gudmundur S. (Bo) Bodvarsson (1952–2006), director of the Earth Sciences Division at the Lawrence Berkeley National Laboratory *Guðmundur Finnbogason (1873–1944), Icelandic philosopher *Gudmundur Fjelsted (died 1961), politician in Manitoba, Canada * Guðmundur Guðmundsson (handball) (born 1960), the coach of the Iceland national handball team * Guðmundur Gunnarsson (born 1945), Icelandic labour leader and father of Icelandic singer Björk * Guðmundur Steinn Gunnarsson (born 1982), Icelandic musician and composer *Guðmundur G. Hagalín (1898–1985), Icelandic writer * Guðmundur J ...
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Khamidov V Russia
Hamidov or Khamidov () is a central-Asian masculine surname, its feminine counterpart is Hamidova or Khamidova. It may refer to * Abdurahim Hamidov (1952–2013), Uzbekistani lutenist * Isgandar Hamidov (born 1948), Azerbaijani politician * Shukur Hamidov, Azerbaijani military officer * Sitora Hamidova (born 1989), Uzbekistani long-distance runner * Okil Khamidov (born 1961), Polish-Tajikistani film and television director, producer and screenwriter * Sukhrob Khamidov (born 1975), Tajikistan football forward {{surname ...
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Sex Reassignment Surgery
Gender-affirming surgery (GAS) is a surgical procedure, or series of procedures, that alters a person's physical appearance and sexual characteristics to resemble those associated with their gender identity. The phrase is most often associated with transgender health care, though many such treatments are also pursued by cisgender individuals. It is also known as sex reassignment surgery (SRS), gender confirmation surgery (GCS), and several other names. Professional medical organizations have established Standards of Care, which apply before someone can apply for and receive reassignment surgery, including psychological evaluation, and a period of real-life experience living in the desired gender. Feminization surgeries are surgeries that result in female-looking anatomy, such as vaginoplasty, vulvoplasty and breast augmentation. Masculinization surgeries are those that result in male-looking anatomy, such as phalloplasty and breast reduction. In addition to gend ...
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