search

… In the determination of ... any criminal charge against him, everyone is entitled to a fair and public hearing within a reasonable time by an and by . ... 3. …

… In the determination of his civil rights and obligations or of any criminal charge against him, everyone is entitled to a fair and public hearing ... by an and by ... ... 3. Everyone charged with a criminal offence has the following minimum rights: ... …

… ., everyone is entitled to a fair and public hearing within a reasonable time by an and by .” Article 1 of Protocol No. 1 “Every natural or legal person is entitled to the peaceful enjoyment of his possessions. No one shall be deprived of his possessions except in the public interest and subject to the conditions provided for by law and by the general principles of international law. …

… The applicant maintained that the General Staff Military Court which had tried and convicted him had not been an independent and impartial tribunal within the meaning of Article 6 § 1 of the Convention, which reads as follows: “In the determination of ... any criminal charge against him, everyone is entitled to a fair ... hearing ... by an and by .” 1. Admissibility 28. …

… The applicant relied on Article 6 of the Convention, which reads, as far as relevant, as follows: “In the determination of his civil rights and obligations and any criminal charge against him, everyone is entitled to a fair ... hearing ... by an and by .” 70. …

… In order to protect their constitutional and legal rights, freedoms and interests, or when an accusation has been made against them, everyone has the right to a fair and public trial, within a reasonable time, by an and by ”. B.  Civil Code 59. Article 608 of the Civil Code provides that anyone who unlawfully causes damage to another person or to that person’s property is obliged to pay compensation for the damage. …

… Article 6 § 1 of the Convention in so far as relevant, reads as follows: “In the determination of his civil rights and obligations ... everyone is entitled to a fair ... hearing ... by an and by .” 26. The Government contested that argument. A. Admissibility 1. Exhaustion of domestic remedies (a) The parties’ submissions (i) The Government 27. The Government submitted that the applicant had failed to exhaust the domestic remedies. …

… In the determination of his civil rights and obligations or of any criminal charge against him, everyone is entitled to a fair and public hearing within a reasonable time by an and by . … 2. Everyone charged with a criminal offence shall be presumed innocent until proved guilty according to law. 3. …

… Article 6(1) of the European Convention for the Protection of Human Rights and Fundamental Freedoms (3) (‘the ECHR’) provides: ‘In the determination of his civil rights and obligations or of any criminal charge against him, everyone is entitled to a fair and public hearing within a reasonable time by an and by . …’ B. EU law 1. The Charter 5. …

… The relevant provisions of Article 6 of the Convention and Article 1 of Protocol No. 1 to the Convention read as follows: Article 6 “In the determination of his civil rights and obligations ... everyone is entitled to a fair and public hearing within a reasonable time by an and by .” Article 1 of Protocol No. 1 “Every natural or legal person is entitled to the peaceful enjoyment of his possessions. …