Corigliano Case

Abstract

State responsibility — Nature and kinds of — For breaches of treaty obligations — European Convention on Human Rights, 1950 — Article 6(1) — Right to a hearing within a reasonable time — Exhaustion of domestic remedies — Complexity of case — Conduct of applicant and authorities — Article 50 — Just satisfaction

State responsibility — Damages (Measure of damages) — Grounds for awarding damages — European Convention on Human Rights, 1950 — Article 50 — Just satisfaction — Pecuniary and non — pecuniary damages — Legal costs — Reimbursement of travel and subsistence expenses

Disputes — Other international courts — European Court of Human Rights — Procedure — Preliminary objections — Stage at which to be raised — Estoppel — European Convention on Human Rights, 1950

The individual in international law — In general — Human rights and freedoms — European Convention on Human Rights, 1950 — Article 6 (1) — Right to a hearing within a reasonable time — Preliminary objections — Stage at which to be raised — Estoppel — Whether application substantially the same as previous inadmissible applications made by applicant — Exhaustion of domestic remedies — Whether applicant a “victim” within meaning of Article 25 (1) — Whether prejudice relevant — Reasonableness of length of proceedings — Commencement and end of period to be taken into account — Complexity of the case — Conduct of applicant and authorities — Assessment by reference to successive stages of proceedings — Article 50 — Just satisfaction — Request for Court to recommend change in national penal code — Whether within scope of case — Pecuniary and non-pecuniary damages — Legal costs — Reimbursement of travel and subsistence expenses