Up-1023/06

Reference no.:
Up-1023/06
Objavljeno:
Official Gazette RS, No. 89/2008 and OdlUS XVII, 77 | 03.07.2008
ECLI:
ECLI:SI:USRS:2008:Up.1023.06
Abstract:
The Supreme Court reviewed the allegations contained in the request for the protection of legality in accordance with the contents of the right determined in Article 62 of the Constitution as a right which entails one of the standards for ensuring a fair trial in criminal proceedings. It established that the complainant conducted his defence with the assistance of an interpreter for the Russian language, whereas at the main hearing, at which his defence counsel was present, he did not request to be allowed to use his language and to follow the proceedings in his language. As regards the data contained in the court file, which the Constitutional Court inspected, and the challenged judgement of this court, the Supreme Court did not interpret the complainant’s right to use his language contrary to the mentioned constitutional right. In the challenged judgment it interpreted the substance of the right to use one’s language in a constitutionally admissible manner, i.e. most of all as a right which enables a defence.
Document in PDF:
Type of procedure:
constitutional complaint
Type of act:
individual act
Date of application:
20.06.2006
Date of decision:
03.07.2008
Type of decision adopted:
decision
Outcome of proceedings:
dismissal
Document:
AN03177