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Silickienė C. Lituaniei (NR 20496/02, Din 10 Aprilie 2012)

This summary provides the key information from the 3 documents in 3 sentences: The first document discusses the balance that must be struck between general interests of the state and individual rights when interfering with property rights. It notes the state has a wide margin of appreciation in choosing enforcement means and assessing if consequences are justified. The second document reiterates that where possessions are confiscated, the fair balance depends on factors like the owner's behavior and fault, and whether courts considered the relationship between the individual's conduct and committed offenses. The third document discusses that all legal systems have presumptions of fact or law, but the Convention requires effective judicial guarantees, and that in this case the individuals had opportunities to raise exceptions and present evidence through

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83 views2 pages

Silickienė C. Lituaniei (NR 20496/02, Din 10 Aprilie 2012)

This summary provides the key information from the 3 documents in 3 sentences: The first document discusses the balance that must be struck between general interests of the state and individual rights when interfering with property rights. It notes the state has a wide margin of appreciation in choosing enforcement means and assessing if consequences are justified. The second document reiterates that where possessions are confiscated, the fair balance depends on factors like the owner's behavior and fault, and whether courts considered the relationship between the individual's conduct and committed offenses. The third document discusses that all legal systems have presumptions of fact or law, but the Convention requires effective judicial guarantees, and that in this case the individuals had opportunities to raise exceptions and present evidence through

Uploaded by

ionela busuioc
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© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Silickien c.

Lituaniei (nr 20496/02, din 10 aprilie 2012)

63. As the Court has held on many occasions, an interference with property rights must be
prescribed by law and pursue one or more legitimate aims. In addition, there must be a reasonable
relationship of proportionality between the means employed and the aims sought to be realised. In
other words, the Court must determine whether a balance was struck between the demands of the
general interest and the interest of the individuals concerned. In doing so it leaves the State a wide
margin of appreciation with regard both to choosing the means of enforcement and to ascertaining
whether the consequences of enforcement are justified in the general interest for the purpose of
achieving the object of the law in question (see Yildirim v. Italy (dec.), no. 38602/02, ECHR 2003-
IV).

66. As regards the balance between that aim and the applicants fundamental rights, the Court
reiterates that, where possessions are confiscated, the fair balance depends on many factors,
including the owners behaviour. It must therefore determine whether the Lithuanian courts had
regard to the applicants degree of fault or care or, at least, the relationship between her conduct
and the offences which had been committed (see AGOSI, cited above, 54; also
see Arcuri and Riela, both cited above).

68. It also observes that the Lithuanian courts were debarred from basing their decisions on mere
suspicions. Looking in detail at the steps taken by the courts to reach the final conclusion as to
which pieces of property to confiscate, the Court notes that in respect of each item to be
confiscated the courts were satisfied, on the basis either of the submissions by the applicants
counsel or the evidence adduced by the prosecution, that the confiscated assets had been
purchased by virtue of reinvestment of the criminal organisations unlawful profits (see, by
contrast, Vulakh, cited above, 46).

Salabiaku c. Frana (07 octombrie 1988, seria A nr. 141-A)

28. Presumptions of fact or of law operate in every legal system. Clearly, the Convention
does not prohibit such presumptions in principle. It does, however, require the Contracting
States to remain within certain limits in this respect as regards criminal law. If, as the
Commission would appear to consider (paragraph 64 of the report), paragraph 2 of Article
6 (art. 6-2) merely laid down a guarantee to be respected by the courts in the conduct of
legal proceedings, its requirements would in practice overlap with the duty of impartiality
imposed in paragraph 1 (art. 6-1).

Bongiorno i alii v. Italia (nr. 4514/07, din 05 ianuarie 2010)

48. Tout systme juridique connat des prsomptions de fait ou de droit. La Convention
n'y fait videmment pas obstacle en principe (voir, mutatis mutandis, Salabiaku c. France,
arrt du 7 octobre 1988, srie A no 141-A, 28). Le droit des requrants au respect de
leurs biens implique, cependant, l'existence d'une garantie juridictionnelle effective.
49. A cet gard, la Cour constate que la procdure pour l'application des mesures de
prvention s'est droule de manire contradictoire devant trois juridictions successives :
tribunal, cour d'appel et Cour de cassation. En particulier, les requrants ont eu la
possibilit, par l'intermdiaire de l'avocat de leur choix, de soulever les exceptions et de
prsenter les moyens de preuve qu'ils ont estim ncessaires pour sauvegarder leurs
intrts, ce qui dmontre que les droits de la dfense ont t respects.
La Cour observe en outre que les juridictions italiennes ne pouvaient pas se fonder sur
de simples soupons. Elles ont tabli et valu objectivement les faits exposs par les
parties et rien dans le dossier ne permet de croire qu'elles aient apprci de faon
arbitraire les lments qui leur ont t soumis.

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