Decision

Roland Bartetzko vs. Decision S.C.AP-KZ 181/2002 of the Supreme Court

Case No. KI 02/10

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Summary

The applicant filed a referral alleging violation of his right to effective legal remedy, right to appeal, and human rights guaranteed by European Convention on Human Rights and Freedoms, The applicant alleged to have been deprived of his fundamental right of appeal against the judgment of the Court, because his defence counsel erroneously informed him that he did not enjoy the right of appeal against the pronounced sentence, According to the applicant, the decision of the Supreme Court did not include the legal instruction on his right to appeal, and the Presiding Judge did not provide any verbal instructions on this matter, The applicant claimed that due to these reasons he was not able to exercise his right to appeal, At the same time, the applicant requested the court to impose interim measures, thereby requesting return of legal deadline for appeal against the judgment of the Supreme Court, The Constitutional Court rejected the request of the applicant for interim measures, reasoning that he had not submitted any evidence which justified restoration of the legal timeline, as an interim measure, and that it would be necessary to avoid any risk or irrecoverable damage, or that such a measure was in the public interest

Applicant:

Roland Bartetzko

Type of Referral:

KI – Individual Referral

Type of act:

Decision

Array

Type of procedure followed before other institutions :

Criminal