Pakelli Case

Abstract

State responsibility — Nature and kinds of — For breaches of treaty obligations — European Convention on Human Rights, 1950 — Article 6(3)(c) — Right to defence counsel — Absence of sufficient means to pay for legal assistance — Whether interests of justice require granting of legal assistance for hearings — Just satisfaction in respect of breach established — Article 50

State responsibility — Damages (Measure of damages) — Grounds for awarding damages — Just satisfaction in respect of breaches of European Convention on Human Rights, 1950 — Article 50 — Non-pecuniary loss — Whether established — Whether redress already furnished by finding of violation — Legal costs and expenses

The individual in international law — Aliens — Position of — Treatment by and responsibilities of the receiving State — Right to defence counsel — Absence of sufficient means to pay for legal assistance — Whether interests of justice require granting of legal assistance for hearings before court — European Convention on Human Rights, 1950 — Article 6(3)(c)

Disputes — Other international courts — European Court of Human Rights — Proceedings for just satisfaction in respect of established breach of European Convention on Human Rights, 1950 — Article 50 — Request to annul local judgment and direct respondent Government to disavow passages therein — Whether within powers of Court

The individual in international law — In general — Human rights and freedoms — Right to defence counsel — European Convention on Human Rights, 1950 — Article 6(3)(c) — Absence of sufficient means to pay for legal assistance — Whether interests of justice require granting of legal assistance for hearings — Right to a fair trial — Article 6(1) — Whether issue absorbed by Court’s findings on Article 6(3)(c) — Just satisfaction in respect of breach established — Article 50 — Request to annul local judgment and direct respondent Government to disavow passages therein — Whether within powers of Court — Non-pecuniary loss — Whether established — Whether redress already furnished by finding of violation — Legal costs and expenses