Suchergebnisse

The individual in international law — Human rights and freedoms — Right to a fair hearing within a reasonable time in determination of civil rights — Case taking over four years — Whether a violation of right to a fair hearing within a reasonable time — Cause of delay — Delay principally attributable to applicant's conduct of his case — Complexity of case — Increased workload of courts — European Convention on Human Rights and Fundamental Freedoms, Articles 3, 6(1), 8 and 12

This case study describes FBI Major Case 216, which ultimately became a collaborative investigation between the FBI and site security professionals into a series of cyberattacks that took place from August 2003 to March 2005. Incident response specialists at the National Center for Supercomputing Applications (NCSA), located at the University of Illinois at Urbana-Champaign (UIUC), played a significant and crucial role in this investigation. The attacks encompassed over a thousand sites, including high-security military sites and federal research laboratories, university sites, private sector sites, and machines owned by individuals, both in the U.S. and in Europe. In one case, a large company (Cisco) reported the theft of source code, which was later published online. The case drew much concerned interest from the FBI and the Departments of Energy and Defense particularly because of the initial, very real possibility that the attacks were sponsored by a foreign state. However, most of the damage sustained came in the form of time spent investigating the intrusions; notifying sites and users; and cleaning up, repairing, and securing the compromised systems. Investigation participants, estimate the cumulative cost of the Stakkato intrusions to be in millions of dollars. At its peak, the investigation involved 50 federal agents. Ultimately, the intrusions were traced back to a 19-year-old man in Uppsala, Sweden, nicknamed "Stakkato," who had begun the attacks when he was 16. Convicted of having gained unauthorized access to several Swedish university networks, "Stakkato" is still under investigation by the FBI for the Cisco code theft. ; Federal Bureau of Investigation ; National Center for Supercomputing Applications ; Open

State responsibility — Nature and kinds of — For breaches of treaty obligations — European Convention on Human Rights, 1950 — Article 6(1) — Whether literal interpretation acceptable — Form of publicity — Assessment in light of special features of proceedings — Entirety of proceedings to be taken into accountTreaties — Interpretation of — Principles and rules of interpretation — European Convention on Human Rights, 1950 — Article 6(1) — Civil proceedings — Right to public pronouncement of judgment — Literal interpretation — Object and purpose of Article 6 — Fair trial — Whether case raises serious questions affecting interpretation of ConventionDisputes — Other international courts — European Court of Human Rights — European Commission of Human Rights — Whether case raises serious questions affecting interpretation of European Convention on Human Rights, 1950 — Jurisdiction of Chamber of Court — Whether to be relinquished in favour of plenary Court — Preliminary objection — Decision by Commission to refer case to Court — Whether Court has jurisdiction to evaluate expediency of decisionThe individual in international law — In general — Human rights and freedoms — Civil proceedings — Right to public hearing and public pronouncement of judgment — European Convention on Human Rights, 1950 — Article 6(1) — Fair trial — Entirety of proceedings to be taken into account — Form of publicity — Literal interpretation of Article 6(1) — Whether acceptable — Assessment in light of special features of proceedings — Object and purpose of Article 6 — Whether case raising serious questions affecting interpretation of Convention — Jurisdiction of Chamber of European Court of Human Rights — Whether to be relinquished in favour of plenary Court — Preliminary objection — Decision by European Commission of Human Rights to refer case to Court — Whether Court has jurisdiction to evaluate expediency of decision

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

If p, then what? : thinking in cases -- On Kuhn's case : psychoanalysis and the paradigm -- The psychoanalytic case : voyeurism, ethics, and epistemology in Robert Stoller's sexual excitement -- On holding as metaphor : Winnicott and the figure of St Christopher -- The case of two Jewish scientists: Freud and Einstein -- Inventing gender identity : the case of Agnes

Human rights — Access to court — Right to a hearing within a reasonable time — Criteria for determining whether length of proceedings reasonable — Delay in routine procedural steps — Whether justified in view of disruption to Portuguese judicial system as a result of restoration of democracy — Whether temporary backlog of cases justifiable — European Convention on Human Rights, 1950, Article 6(1)State responsibility — For acts of the judiciary — Temporary backlog of cases — Whether engaging responsibility of StateDamages — Human rights violations — Unreasonable delay in civil proceedings — Effectiveness of proceedings diminished — Loss of interest on amount of damages due to delay — European Convention on Human Rights, 1950, Article 50

587Relationship of international law and municipal law — Treaties — European Convention on Human Rights, 1950 — Judgment of European Court of Human Rights — Whether providing ground for reassessment of conviction — Estonian Code of Criminal Procedure — Reopening of municipal proceedings — Estonian Constitution 1992 — Role of treaties in municipal legal order — Whether treaties having priority over municipal law in case of conflict — Duty to guarantee rights under European Convention — Amendment of municipal procedural law — Review of Estonian court cases — Whether reopening of municipal proceedings justified — Whether other effective means of remedyHuman rights — No punishment without law — European Convention on Human Rights, 1950, Article 7(1) — Reopening of municipal proceedings — The law of Estonia

Treaties — Interpretation of — Principles and rules of interpretation — European Convention on Human Rights, 1950 — Article 6(1) Fundamental objective of fair trial — Publicity requirements as means to objective of fair trial — Express statement that judgments to be pronounced publicly — Whether literal interpretation necessary — Interpretation in light of fundamental objective of fairness Whether case raises serious questions affecting interpretation of ConventionDisputes — Other international courts — European Court of Human Rights — Whether case raises serious questions affecting interpretation of European Convention on Human Rights, 1950 — Jurisdiction of Chamber of Court — Whether to be relinquished in favour of plenary CourtThe individual in international law — In general — Human rights and freedoms — European Convention on Human Rights, 1950 — Article 6 — Right to fair trial — Public hearing — Public pronouncement of judgment — Swiss Military Criminal Code — Federal Army (Constitution of Courts and Criminal Procedure) Act 1889 — Oral proceedings at first instance — Written proceedings on appeal — Whether breach of "hearing" requirement — Whether proceedings in camera and written judgment constitute breach of "public pronouncement" requirement — Article 6 (1) — Interpretation — Whether case raises serious questions affecting interpretation of Convention — Jurisdiction of Chamber of European Court of Human Rights — Whether to be relinquished in favour of plenary Court

State responsibility — Nature and kinds of — For breaches of treaty obligations — European Convention on Human Rights, 1950 — Article 6(1) — Right to a hearing within a reasonable time — Exhaustion of domestic remedies — Complexity of case — Conduct of applicant and authorities — Article 50 — Just satisfactionState responsibility — Damages (Measure of damages) — Grounds for awarding damages — European Convention on Human Rights, 1950 — Article 50 — Just satisfaction — Pecuniary and non — pecuniary damages — Legal costs — Reimbursement of travel and subsistence expensesDisputes — Other international courts — European Court of Human Rights — Procedure — Preliminary objections — Stage at which to be raised — Estoppel — European Convention on Human Rights, 1950395The individual in international law — In general — Human rights and freedoms — European Convention on Human Rights, 1950 — Article 6 (1) — Right to a hearing within a reasonable time — Preliminary objections — Stage at which to be raised — Estoppel — Whether application substantially the same as previous inadmissible applications made by applicant — Exhaustion of domestic remedies — Whether applicant a "victim" within meaning of Article 25 (1) — Whether prejudice relevant — Reasonableness of length of proceedings — Commencement and end of period to be taken into account — Complexity of the case — Conduct of applicant and authorities — Assessment by reference to successive stages of proceedings — Article 50 — Just satisfaction — Request for Court to recommend change in national penal code — Whether within scope of case — Pecuniary and non-pecuniary damages — Legal costs — Reimbursement of travel and subsistence expenses

128The individual in international law — In general — Human rights and freedoms — European Convention on Human lights, 1950 — Article 6(1) — Right to trial by an independent and impartial tribunal — Impartiality — Judge previously a public prosecutor — Possible Involvement in present case — Article 50 — Whether ready for decision

Damages — Human rights violation — Compensation for breach of right to respect for private life — Friendly settlement between applicant and respondent State — Whether equitable — European Convention on Human Rights, 1950, Article 50International tribunals — Procedure — European Court of Human Rights — Friendly settlement between applicant and respondent State — Whether to strike case off list

505The individual in international law — In general — Human rights and freedoms — European Convention on Human Rights, 1950 — Article 6 — Right to a fair trial before an impartial tribunal — Criminal proceedings — Court terminating proceedings at close of prosecution case — Finding that degree of injury inflicted and fault insignificant — No opportunity for defendant to present evidence — Whether equivalent to a finding of guilt — Whether Article 6 applicable

290Human rights — Right to respect for private and family life — Right to receive information — Whether applicant entitled to unrestricted access to case records regarding applicant's time as child in care — Balance between general and individual interest — Extent of positive obligations on State — European Convention on Human Rights, 1950, Articles 8 and 10Damages — Human rights violations — Just satisfaction — Non-pecuniary loss — Emotional distress — European Convention on Human Rights, Article 50

Cover -- Half Title -- Title -- Copyright -- Contents -- Foreword -- Introduction: The Faces of Cold Cases -- Chapter 1: Why Open a Cold Case? -- Chapter 2: DNA and Cold Cases -- Chapter 3: A Wealth of Other Tools -- Chapter 4: Heating Up a Cold Case -- Chapter 5: Investigating the Investigation -- Notes -- Glossary -- For More Information -- Index -- Picture Credits -- About the Author -- Back Cover

314Human rights — Arrest and detention — Access to court — Right of a person in detention to be brought promptly before a judge or other officer authorized by law to exercise judicial power — European Convention on Human Rights, 1950, Article 5(3)International tribunals — European Court of Human Rights — Procedure — Friendly settlement reached between applicant and defendant government — Whether case should be struck off list — Whether Court should consider public policy interests where individual applicant's interests satisfied