Baraona Case

In: International law reports, Band 96, S. 477-497

Abstract

477Human rights — Access to court — Right to a hearing within a reasonable time in determination of civil rights — Existence of dispute — Meaning of "civil right" — Proceedings at first instance still pending after more than six years — Duty of domestic court to ensure expeditious handling of cases — Delay principally attributable to State authorities — Complexity of case — Preliminary nature of proceedings taken — Whether delay justifiable — European Convention on Human Rights, 1950, Article 6(1)State responsibility — For acts of judiciary — Code of Civil Procedure giving responsibility for progress of proceedings to parties — Whether absolving courts of responsibility to ensure expeditious progress of proceedings — Conduct of State counsel — Domestic legislation — Whether excluding responsibility of State for resultant delays in proceedings — European Convention on Human Rights, 1950, Article 6(1)Damages — Human rights violation — Costs and expenses — Complexity of case — Whether justifying award of costs for two counsel — European Convention on Human Rights, 1950, Article 50