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August 22, 2018

Breach of Fair Trial and Human Rights by "Systematic" Delays in Prosecution - Protection of Citizens by the European Court of Human Rights

A 14 year legal journey to obtain justice

In 2010, a 14 year case came to an end before the European Court of Human Rights.
James MacGuill, assisted by Aimée McCumiskey, represented Mr McFarlane in the European Court of Human Rights. It was argued, on behalf of Mr McFarlane, that his right under Article 6 of the European Convention on Human Rights (the right to a fair trial in reasonable time) was breached. This was based on the State's failure to initiate criminal proceedings for a period of 14 years, during which time key evidence was lost.

The European Court found there had been a breach of Mr McFarlane's right to a fair trial.

See McFarlane v Ireland, ECHR, Grand Chamber, 10 September 2010.

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