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Gestra v. Italy

European Commission of Human Rights.  16 January 1995 .

Published online by Cambridge University Press:  01 January 2021

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Abstract

Human rights — Scope of protection — Protection of fundamental rights — Criminal proceedings — Principle of ne bis in idem — Provision of international convention providing more far-reaching protection than European Convention on Human Rights — Extent to which account should be taken of such provision in interpreting European Convention on Human Rights

Jurisdiction — Personal — Crimes committed by nationals abroad — Whether conviction in State of commission of offence precluding prosecution in State of nationality — Principle of ne bis in idem — Scope of applicability — European Convention on Human Rights, Protocol No. 7, Article 4(1) — Limitation to proceedings in the “same State”

International tribunals — European Commission of Human Rights — Jurisdiction — Whether Commission competent to examine if manner in which Contracting States implement other subsequently concluded international conventions is compatible with the European Convention on Human Rights

Treaties — Interpretation — European Convention on Human Rights — Provision of international convention providing more far-reaching protection than European Convention on Human Rights — Whether European Convention on Human Rights to be interpreted taking account of such provision — Express intention to exclude such an interpretation evinced by provision of Protocol to European Convention — Whether provision in Protocol to be regarded as additional Article of European Convention

Type
Case Report
Copyright
© Cambridge University Press 1998

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