Sayadi and Vinck v. Belgium

Comment:

Individual opinions have been appended to the admissibility decision: signed by Committee members Sir Nigel Rodley, Ivan Shearer and Iulia Antoanella Motoc (partly dissenting) and Walter Kalin and Yuji Iwasawa (partly dissenting), and Ruth Wedgwood (dissenting). Further individual opinions have been appended to the Views: Ivan Shearer (dissenting), Yuji Iwasawa (concurring) and Nigel Rodley (concurring).

Substantive issues:

• criminal charges
• criminal offence
• effective remedy
• fair trial
• fair trial - undue delay
• freedom of movement
• limitations of rights
• presumption of innocence
• restrictions of rights
• retroactive application of criminal law

Substantive articles:

• 2 (3)
• 12 (1)
• 12 (3)
• 14 (1)
• 14 (2)
• 14 (3)
• 15 (1)
• 17 (1)
• 46

Procedural issues:

• exhaustion of domestic remedies
• same matter - another procedure of international investigation or settlement

Procedural articles:

• 1
• 5 (2) (a)
• 5 (2) (b)