Albert and Le Compte Case

Abstract

State responsibility — Nature and kinds of — For breaches of treaty obligations — European Convention on Human Rights, 1950 — Right to a fair and public trial in proceedings relating to the determination of civil rights or of a criminal charge — Article 6(1) — Proceedings before disciplinary bodies of professional association — Imposition of sanctions — Whether within ambit of Article 6(1) — Prohibition of inhuman or degrading punishment — Object of sanctions — Whether State party in breach of guarantees of fair trial and freedom of association — Article 50 — Just satisfaction

State responsibility — Damages (Measure of damages) — Grounds for awarding damages — Non — pecuniary damages — Causal links between established violation and alleged damage — Legal fees — European Convention on Human Rights, 1950

Disputes — Other international courts — European Court of Human Rights — Relinquishment of jurisdiction of Chamber in favour of plenary Court — Whether case raises serious questions affecting interpretation of 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 fair and public trial in proceedings relating to determination of civil rights or of a criminal charge — Proceedings before disciplinary bodies of professional association — Imposition of sanctions — Whether within ambit of Article 6(1) — Existence of a dispute (contestation) — Direct relationship between dispute and a right — Nature of the right — Whether a civil right — Impartiality of tribunal — Whether providing for public hearings and public pronouncements of decisions — Prohibition of inhuman or degrading punishment — Article 3 — Object of sanctions — Guarantees of fair trial — Article 6(2) and (3) (a), (b) and (d) — Freedom of association — Article 11 — European Court of Human Rights — Relinquishment of jurisdiction of Chamber in favour of plenary Court — Whether case raises serious questions affecting interpretation of Convention

Article 50 — Breach of right to public trial established — Just satisfaction — Non-pecuniary damage — Whether earlier judgment furnished reparation — Competence to direct State party to annul disciplinary sanctions and criminal sentences — Causal links between established violation and alleged damage — Reimbursement of legal costs