Communicated on 16 October 2020 Published on 2 November 2020

FIRST SECTION

Application no. 37957/14 Cherif FTITI against Greece lodged on 6 May 2014

SUBJECT MATTER OF THE CASE

The application concerns the expulsion of the applicant following his conviction by a first-instance court and while his appeal was pending. His appeal was rejected as unfounded ( ανυποστήρικτη ) due to the applicant ’ s absence and not representation by a lawyer.

QUESTIONS TO THE PARTIES

Was the applicant afforded the right of appeal in a way compatible with the requirements of Article 2 § 1 of Protocol No. 7? Did the absence of suspensive effect of the expulsion ordered by the first-instance court and/or the prolonged failure to examine the applicant ’ s appeal until he had served three fifths of his sentence, got released and subsequently expelled from the country, undermine the applicant ’ s right of appeal to have his conviction or sentence reviewed as required by Article 2 of Protocol No. 7 to the Convention?