Information Note on the Court’s case-law No. 100

August-September 2007

Johanns v. Luxemburg - 27830/05

Decision 13.9.2007 [Section I]

Article 6

Criminal proceedings

Article 6-1

Fair hearing

Procedure for examining applications for release on bail in the absence of the applicant or his lawyer: communicated

The applicant was arrested and sentenced to seven years’ imprisonment. After he had served half of his sentence, his lawyer requested the judge responsible for the execution of sentences to grant the applicant release on licence, as his conduct had always been exemplary and he would be able to return to the marital home and receive the invalidity pension awarded to him previously. The parole board refused the request on the ground that the applicant had not yet demonstrated a real commitment to readjusting to society. The applicant made further applications for release on licence, all of which were rejected on the same grounds. In the space of one year he had eight applications rejected, but neither he nor his lawyer was ever summoned to appear.

Communicated under Article 6 § 1 of the Convention.

© Council of Europe/European Court of Human Rights This summary by the Registry does not bind the Court.

Click here for the Case-Law Information Notes