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Ramda v. France, No. 78477/11, ECtHR (Fifth Section), 19 December 2017

Abstract

Procedural guarantees in a criminal proceeding against a person charged with terrorist acts. No violation of art. 6 ECHR. 

Normative references

Art. 6 ECHR

Ruling

1. The applicant, who was convicted for terrorist offences, cannot be said to have been prosecuted and tried twice, because the second proceeding took into consideration facts that were not examined in the first proceeding. 

2. The second proceeding tried the applicant not only for facts that were different from those of the previous proceeding, but these were facts that also constituted serious violations of the fundamental rights under art. 2 ECHR (i.e. acts of terrorism). States must pursue and punish the perpetrators, subject to compliance with the procedural guarantees of the persons concerned.