Lexploria - Legal research enhanced by smart algorithms
Lexploria beta Legal research enhanced by smart algorithms
Menu
Browsing history:

BABKAITIS v. LITHUANIA

Doc ref: 49419/18 • ECHR ID: 001-192583

Document date: March 20, 2019

  • Inbound citations: 0
  • Cited paragraphs: 0
  • Outbound citations: 4

BABKAITIS v. LITHUANIA

Doc ref: 49419/18 • ECHR ID: 001-192583

Document date: March 20, 2019

Cited paragraphs only

Communicated on 20 March 2019

FOURTH SECTION

Application no. 49419/18 Vytautas BABKAITIS against Lithuania lodged on 9 October 2018

SUBJECT MATTER OF THE CASE

The application concerns the length of the pre-trial investigation which in respect of the applicant lasted for nearly eight years and was terminated because the criminal proceedings became time-barred. The applicant lodged a civil claim for damages. The first-instance court awarded the applicant EUR 1,800 in respect of non-pecuniary damage. However, the appellate court reversed the decision, finding that the complexity of the case had justified its length. By a ruling of 18 July 2018 the Supreme Court refused to examine the applicant ’ s appeal on points of law, in which he argued a breach of Article 6 § 1 of the Convention.

QUESTION tO THE PARTIES

Was the length of the pre-trial investigation in the present case in breach of the “reasonable time” requirement of Article 6 § 1 of the Convention (see Pélissier and Sassi v. France [GC], no. 25444/94, § 67, ECHR 1999 ‑ II, KalÄ“ja v. Latvia , no. 22059/08, §§ 36-48, 5 October 2017 and, most recently, Garbuz v. Ukraine , no. 72681/10, § 52, 19 February 2019)?

© European Union, https://eur-lex.europa.eu, 1998 - 2026

LEXI

Lexploria AI Legal Assistant

Active Products: EUCJ + ECHR Data Package + Citation Analytics • Documents in DB: 401132 • Paragraphs parsed: 45279850 • Citations processed 3468846