Uitspraak
wonende te [woonplaats],
zetelende te Den Haag,
2.Beantwoording van de prejudiciële vragen
Minelli, cited above, which concerned an order requiring the applicant to pay prosecution costs following discontinuation of the criminal proceedings, the Court set out the applicable principle as follows:
Minelli, explaining that a decision whereby compensation for detention on remand and reimbursement of an accused’s necessary costs and expenses were refused following termination of proceedings might raise an issue under Article 6 § 2 if supporting reasoning which could not be dissociated from the operative provisions amounted in substance to a determination of the accused’s guilt without his having previously been proved guilty according to law and, in particular, without his having had an opportunity to exercise the rights of the defence (see
Englert, cited above, § 37;
Nölkenbockhoff, cited above, § 37; and
Lutz, cited above, § 60). All three cases concerned prior criminal proceedings which had ended in discontinuation, rather than acquittal. In finding no violation of Article 6 § 2, the Court explained that the domestic courts had described a “state of suspicion” and that their decisions did not contain any finding of guilt.
Sekaninajudgment, the Court drew a distinction between cases where the criminal proceedings had been discontinued and those where a final acquittal judgment had been handed down, clarifying that the voicing of suspicions regarding an accused’s innocence was conceivable as long as the conclusion of criminal proceedings had not resulted in a decision on the merits of the accusation, but that it was no longer admissible to rely on such suspicions once an acquittal had become final (
Sekanina, cited above, § 30). Thus the
Sekaninaprinciple appears to seek to limit the principle established in
Minellito cases where criminal proceedings have been discontinued. The case-law shows that in the latter cases, the
Minelliprinciple has been consistently cited as the applicable general principle (see
Leutscher, § 29;
Mulaj and Sallahi;
Baars, §§ 26-27; the judgment in
Capeau, § 22;
A.L. v. Germany, § 31;
Panteleyenko, § 67; and
Grabchuk, § 42, all cited above). The distinction made in
Sekaninabetween discontinuation and acquittal cases has been applied in most of the cases concerning acquittal judgments which followed
Sekanina(see, for example,
Rushiti, cited above, § 31;
Lamanna v. Austria, no. 28923/95, § 38, 10 July 2001;
Weixelbraun, cited above, § 25;
O. v. Norway, cited above, § 39;
Hammern, cited above, § 47;
Yassar Hussain, cited above, §§ 19 and 23;
Tendam, cited above, §§ 36-41;
Ashendon and Jones, cited above, §§ 42 and 49; and
Lorenzetti, cited above, §§ 44-47; but compare and contrast
Del Latteand
Bok, both cited above).
Y v. Norway, cited above, §§ 43-46;
O. v. Norway, cited above, §§ 39-40;
Hammern, cited above, §§ 47-48;
Baars, cited above, §§ 29-31;
Reeves, cited above;
Panteleyenko, cited above, § 70;
Grabchuk, cited above, § 45; and
Konstas v. Greece, no. 53466/07, § 34, 24 May 2011). Thus, in a case where the domestic court held that it was “clearly probable” that the applicant had “committed the offences ... with which he was charged”, the Court found that it had overstepped the bounds of the civil forum and had thereby cast doubt on the correctness of the acquittal (see
Y v. Norway, cited above, § 46; see also
Orr, cited above, § 51; and
Diacenco, cited above, § 64). Similarly, where the domestic court indicated that the criminal file contained enough evidence to establish that a criminal offence had been committed, the language used was found to have violated the presumption of innocence (see
Panteleyenko, cited above, § 70). In cases where the Court’s judgment expressly referred to the failure to dispel the suspicion of criminal guilt, a violation of Article 6 § 2 was established (see, for example,
Sekanina, cited above, §§ 29-30, and
Rushiti, cited above, §§ 30-31). However, when regard is had to the nature and context of the particular proceedings, even the use of some unfortunate language may not be decisive (see paragraph 125 above). The Court’s case-law provides some examples of instances where no violation of Article 6 § 2 has been found even though the language used by domestic authorities and courts was criticised (see
Reeves, cited above, and
A.L. v. Germany, cited above, §§ 38-39).”
de factoschuldigverklaring of verdachtmaking in weerwil van de vrijspraak door de strafrechter van de verdachte. [19] Het op deze manier afwijzen van de vordering tot (aanvullende) schadevergoeding op de grond dat niet is voldaan aan het gebleken onschuld-criterium, is niet in strijd met art. 6 lid 2 EVRM. Art. 6 lid 2 EVRM geeft dus geen aanleiding om het gebleken onschuld-criterium – en daarmee de mogelijkheid om op die grond in specifieke gevallen in aanvulling op de bestaande strafvorderlijke mogelijkheden een (schade)vergoeding aan de gewezen verdachte toe te kennen – ter zijde te stellen.
3.Beslissing
25 september 2020.