Borisenko v. Hungary

Comment:

Two individual opinions have been submitted, one by Committee member Ando, (partly dissenting), one by Committee member Bhagwati (partly dissenting)

Substantive issues:

• accused persons / convicted persons
• arbitrary detention - arrest
• cruel, inhuman or degrading treatment or punishment
• preparation of defence
• effective remedy
• fair trial
• fair trial - undue delay
• fair trial - witnesses
• forced confession
• legal assistance
• liberty of person
• pre-trial detention
• presumption of innocence
• promptly brought before a judge
• unlawful attacks on honour or reputation

Substantive articles:

• 7
• 9 (1)
• 9 (2)
• 9 (3)
• 14 (2)
• 14 (3) (c)
• 14 (3) (d)
• 14 (3) (e)
• 14 (3) (g)
• 17 (1)

Procedural issues:

• exhaustion of domestic remedies

Procedural articles:

• 2
• 5 (2) (b)