NCJ Number
166102
Journal
European Journal of Crime, Criminal Law and Criminal Justice Volume: 4 Issue: 3 Dated: (1996) Pages: 283-301
Date Published
1996
Length
19 pages
Annotation
The European Court of Human Rights decided 29 criminal cases in 1995 and held that one more violations of the Convention had occurred in 16 cases.
Abstract
Six decisions dealt with Austria's reservation with regard to Article 5 of the Convention. One of the most important cases was Air Canada v. the United Kingdom. An aircraft owned and operated by the applicant company landed at Heathrow Airport, where it discharged cargo including a container that, when opened, was discovered to contain 331 kilograms of marijuana. The aircraft was seized liable to forfeiture by the Commissioners of Customs Authorities. It was delivered back to Air Canada on payment of 50,000 pounds. The European Court agreed with the Commission that the matter did not involve a determination of a criminal charge. Other cases focused on civil rights and obligations, the issue of whether administrative procedures amounted to an independent and impartial tribunal, trial within a reasonable time, the presumption of innocence, the rights of the accused regarding prompt and detailed information about the charge, the examination of witnesses, and other issues. Footnotes and list of cases