187 12 hrcd [ 2001 ] GOEDHART v. BELGIUM STROEK v. BELGIUM Right to fair trial – violation Article 6, Section 1 Right to legal assistance of own choosing – violation Article 6, Section 3(c) While legislation can discourage non-appearance, it is not possible to sanction non-appearance by derogating from the right to counsel. Resort to cassation cannot be denied because of non-appearance of the convicted person, since the conviction is not final until the appeal is concluded. In judgments delivered on 20 March 2001 in the cases of Goedhart v. Belgium and Stroek v. Belgium , the European Court of Human Rights held unanimously that there had been a violation of Article 6 , Section 3 (c) (right to legal assiatnce of own choosing) of the European Convention on Human Rights and Article 6 , Section 1 (right to a fair trial). Under Article 41 (just satisfaction) of the Convention, the Court unanimously awarded 80 , 000 Belgian francs (BEF) for costs and expenses. This judgment is not final. Pursuant to Article 43 , Section 1 of the Convention, within three months from the date of the judgment of a Chamber, any party to the case may,
Human Rights Case Digest – Brill
Published: Jan 1, 2001
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