Commentary on Judgment No. 18288 of 2023: Compensation for Unjust Detention and the Right to a Public Hearing

Judgment No. 18288 of February 2, 2023, by the Court of Cassation, represents a significant step forward in the protection of citizens' rights, particularly concerning compensation for unjust detention. In its ruling, the Court addresses the issue of the re-proposability of a compensation claim even after a national judgment has rejected the request. This matter is of considerable importance, especially in light of recent pronouncements by the European Court of Human Rights (ECtHR).

Legal Framework and the Judgment

The Court of Cassation, referencing Article 314 of the Code of Criminal Procedure, establishes that the acceptance of an appeal by the ECtHR, for violation of Article 6 of the European Convention on Human Rights, allows the interested party to re-propose the compensation claim. This is a crucial aspect, as it recognizes that a national judgment cannot hinder an individual's right to assert their claims, especially when fundamental rights are involved.

Claim rejected - Subsequent appeal to the ECtHR for violation of Article 6 of the Convention - Acceptance of the appeal - Re-proposability of the compensation claim - National judgment - Obstacle - Exclusion - Reasons. In the matter of compensation for unjust detention under Article 314 of the Code of Criminal Procedure, the acceptance of an appeal by the ECtHR, for violation, under Article 6 of the Convention, of the right to a public hearing for the compensation claim, allows the interested party to re-propose the claim pursuant to Article 315 of the Code of Criminal Procedure. The judgment issued on the rejection of the original claim is not an obstacle to this, given the necessity to implement the European court's ruling in this manner, even in the absence of a specific instrument. (In its reasoning, the Court specified that the ECtHR's order to strike the case from the roll is equivalent to the acceptance of the appeal, pursuant to Article 37 of the ECHR).

Implications of the Judgment

This judgment underscores the importance of the right to justice and compensation for unjust detention, fundamental elements in a state of law. The implications are manifold:

• Recognition of Human Rights: The Court of Cassation, following the guidance of the ECtHR, highlights the need to ensure that citizens' rights are not overlooked due to procedural technicalities.
• Re-proposability of Claims: The possibility of re-proposing the compensation claim offers a new opportunity to individuals who have been denied justice in the past.
• Future Prospects: The decision could influence future jurisprudence, guiding judges to consider the right to a public hearing as an indispensable element in the compensation process.

Conclusions

Judgment No. 18288 of 2023 represents a significant step forward in the protection of citizens' rights, demonstrating the crucial role of European jurisprudence in ensuring that every individual can effectively assert their rights. The Court of Cassation has not only reaffirmed the principle of compensation for unjust detention but has also paved the way for new opportunities for those who have found themselves in situations of injustice. It is essential that legal professionals and citizens are aware of these dynamics so that they can best exercise their rights.