Minelli Case

Abstract

State responsibility — Nature and kinds of — For breaches of treaty obligations — European Convention on Human Rights, 1950 — Presumption of innocence when charged with a criminal offence — Whether an infringement of a civil right can constitute a criminal offence — Whether a judicial ruling on costs purely administrative — Whether reflecting an opinion of guilt — Just satisfaction in respect of breach established

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

Disputes — Other international courts — European Court of Human Rights — Assessment of compliance with provision of European Convention on Human Rights, 1950 — Limits of Court’s task — Whether able to rule on legislation and practice of State party in abstracto

The individual in international law — In general — Human rights and freedoms — European Convention on Human Rights, 1950 — Article 6(2) — Presumption of innocence when charged with a criminal offence — Private prosecution terminated on account of limitation — Award of costs — Nature of prosecution — Whether an infringement of a civil right can constitute a criminal offence — Nature of function exercised in ruling on costs — Whether purely administrative — Whether Article 6(2) governs proceedings in their entirety — Assessment of compliance with Article 6(2) — Limits of Court’s task — Whether judicial decision reflects an opinion of guilt — Whether sufficient that such opinion disclosed by reasoning — Article 50 — Just satisfaction in respect of breach established — Non-pecuniary loss — Whether adequate compensation furnished by finding of violation in the judgment — Legal costs and expenses