MacGuill & Company

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August 22, 2018

Breach Of Fair Frial 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 on question of principle.
James MacGuill assisted by Aimée McCumiskey, represented Mr McFarlane in the European Court of Human Rights. It was argued, on behalf of the client, that his right under Article 6 (the right to a fair trial in reasonable time) of the European Convention on Human Rights was breached after the prosecution failed for 14 years to initiate criminal proceedings and lost key evidence and to provide a timely remedy.

In these circumstances the ECHR found a breach of his right to fair trial.

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