HEYDASCH v. GERMANYDISSENTING OPINION OF MRS. J. LIDDY

Doc ref: • ECHR ID:

Document date: April 6, 1993

Doc ref: • ECHR ID:

Document date: April 6, 1993

Cited paragraphs only

DISSENTING OPINION OF MRS. J. LIDDY

In this case the Hamburg Public Prosecutor's Office decided on

10 April 1992 against prosecuting the applicant. It is true that the

applicant was under suspicion for several years, but no trial against

him actually took place. I am unaware of any case where the

requirement of trial within a reasonable time has been found to have

been violated in circumstances where no trial was held. I agree with

the Government's submission that the requirement of trial within a

reasonable time in Article 6 does not apply to preliminary

investigations by the Public Prosecutor's Office but only to

proceedings before the trial court, although, in cases of court

proceedings, the relevant period to be considered could start at an

earlier date.

Accordingly I have voted against a finding of violation in this

case.

Lexploria AI Legal Assistant