Information Note on the Court’s case-law 58

November 2003

Pursiheimo v. Finland (dec.) - 57795/00

Decision 25.11.2003 [Section IV]

Article 6

Civil proceedings

Article 6-1

Public hearing

Oral hearing

Lack of oral hearing in proceedings concerning revocation of firearms licence: inadmissible

As a result of the applicant's disturbing behaviour with his wife and daughter in a drunken state, he was apprehended in his home by the police on three occasions. Subsequently, the police authority revoked his licence to keep firearms and seized the ones he kept in his home. The applicant appealed, requesting an oral hearing to prove there was no link between having been drunk (which he admitted) and the purported risk of using the firearms. The County Administrative Court and the Supreme Administrative Court refused the request for an oral hearing and upheld the revocation and seizure order.

Inadmissible under Article 6 § 1 – Even assuming that the outcome of the proceedings for the revocation of the applicant's licence and the seizure of the arms was directly decisive for the ownership of those arms, the applicant's alcohol problem and disturbing behaviour were sufficient grou nds in themselves under domestic law for the revocation of his firearms licence. Given that the facts in respect of which the applicant wished to present evidence would not have been relevant for the outcome of the proceedings, it was justified that no ora l hearing had been held: manifestly ill-founded.

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

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