European Court of Human Rights - case of Kudła v. Poland (2000) (excerpts)

European Court of Human Rights - case of Kudła v. Poland (2000) (excerpts)

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122.  The Court reiterates that Article 6 § 1 does not compel the States to set up courts of appeal or of cassation. Nevertheless, a State which does institute such courts is required to ensure that persons amenable to the law shall enjoy before them the fundamental guarantees contained in Article 6 (see, among other authorities, the Delcourt v. Belgium judgment of 17 January 1970, Series A no. 11 pp. 13-15, § 25, and the Brualla Gómez de la Torre v. Spain judgment of 19 December 1997, Reports 1997-VIII, p. 2956, § 37).

While the manner in which Article 6 is to be applied in relation to courts of appeal or of cassation depends on the special features of the proceedings in question, there can be no doubt that appellate or cassation proceedings come within the scope of Article 6 (see, mutatis mutandis, the Twalib v. Greece judgment of 9 June 1998, Reports 1998-IV, pp. 1427-28, § 46). Accordingly, the length of such proceedings should be taken into account in order to establish whether the overall length of the proceedings was reasonable.