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Escoubet v. Belgium

Escoubet v. Belgium 227 10 hrcd [ 1999 ] ESCOUBET v. BELGIUM Right to a fair trial – no violation Article 6, Section 1 Immediate short-term withdrawal of a driving licence in the aftermath of an accident was not a criminal penalty and so the Convention was not applicable. In a judgment delivered at Strasbourg on 28 October 1999 in the case of Escoubet v. Belgium , the European Court of Human Rights held by 14 votes to 3 that Article 6 , Section 1 (right of access to a tribunal) of the European Convention on Human Rights did not apply to the proceedings at issue and unanimously that there was no need to examine the complaint under Article 13 . 1. Principal facts The applicant, Alain Escoubet, a French national, was born in 1948 and lives in Brussels (Belgium). At 6 . 30 p.m. on 16 June 1994 the applicant was involved in a road accident. The Brussels Crown prosecutor, who was informed of the accident by the police officers called to the scene, ordered the applicant’s driving licence to be immediately withdrawn on the ground that he was presumed to have been driving with a blood- alcohol level of http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png Human Rights Case Digest Brill

Escoubet v. Belgium

Human Rights Case Digest , Volume 10 (10-12): 227 – Jan 1, 1999
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Publisher
Brill
Copyright
© 1999 Koninklijke Brill NV, Leiden, The Netherlands
ISSN
0965-934X
eISSN
1571-8131
DOI
10.1163/157181399400838850
Publisher site
See Article on Publisher Site

Abstract

227 10 hrcd [ 1999 ] ESCOUBET v. BELGIUM Right to a fair trial – no violation Article 6, Section 1 Immediate short-term withdrawal of a driving licence in the aftermath of an accident was not a criminal penalty and so the Convention was not applicable. In a judgment delivered at Strasbourg on 28 October 1999 in the case of Escoubet v. Belgium , the European Court of Human Rights held by 14 votes to 3 that Article 6 , Section 1 (right of access to a tribunal) of the European Convention on Human Rights did not apply to the proceedings at issue and unanimously that there was no need to examine the complaint under Article 13 . 1. Principal facts The applicant, Alain Escoubet, a French national, was born in 1948 and lives in Brussels (Belgium). At 6 . 30 p.m. on 16 June 1994 the applicant was involved in a road accident. The Brussels Crown prosecutor, who was informed of the accident by the police officers called to the scene, ordered the applicant’s driving licence to be immediately withdrawn on the ground that he was presumed to have been driving with a blood- alcohol level of

Journal

Human Rights Case Digest – Brill

Published: Jan 1, 1999

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