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ELENE SICHINAVA
“A REASONABLE TIME” REQUIREMENT
(ACCORDING TO THE EUROPEAN CONVENTION OF HUMAN RIGHTS)
INTRODUCTION
According to the Article 6 of the European
Convention for the Protection of Human Rights
and Fundamental Freedoms consideration of
a case “by an independent and impartial tribunal
established by law” is not yet enough a
guarantee. In order to provide a fair trial, one
more condition shall be observed: the proceedings
shall take place “within a reasonable time”.
The problem of the lengthy proceedings
is a pressing issue for numerous European
States. This is also evidently based on the fact
that the vast part of the judgments of the European
Court of Human Rights actually refers
to the violations of “a reasonable time”.
The issue is especially insistent in Georgia.
Violating the procedural terms by the general
courts of Georgia, especially by the civil
chamber, and disregarding the Conventional
requirement of “a reasonable time” has turned
to be the established practice.
The web-site of the Supreme Court of
Georgia 1 which is accessible to public, provides
the information about the cases considered
by our courts. Unfortunately, any of the cases
could be used to prove the state of affairs
mentioned above.
Why is it impossible to realize the right to
a fair trail without “a reasonable time” guarantee
impossible and why was its inclusion
made necessary into the Convention
“The observance of the requirement of a
reasonable time, first of all, falls within the
person’s interests, as well as within the interests
of due administration of justice”. 2
“The purpose of a reasonable time guarantee
in criminal as well as other types of cases
is the protection of all the parties to a case
from protracted proceedings”. 3
In a criminal case, a person, awaiting the
verdict is maintained in a hazy situation for a
long time, is subjected to a strong pressure.
In many cases a person feels more comfortable
after delivering even a tough verdict, than
he is in anticipation of a verdict. 4 At the same
time, “in such a case it is also to be taken into
account that having a status of an accused
influences person’s reputation”. 5
In civil cases as well, for each of the parties
to a case it is essentially important to have
a timely adjudication. Frequently the decision
over a case is delivered so belatedly that it
can no more have an impact at the outcome
of the dispute.
Apart from this, administration of swift and
efficient proceedings constitutes a public interest.
A State must undertake all the measures
for not having proceedings over a case for a
long time in order to save the State resources.
Finally, “this guarantee underlines the importance
of administration of justice without a
delay which threatens its efficiency and credibility”.
6
The European Convention for the Protection
of Human Rights and Fundamental Freedoms,
being ratified by Georgia on 20 May,
1999, became a part of our legislation. 7 Even
more, Georgia undertook an obligation to
make the entire Georgian legislation and practice
in line with the Convention requirements. 8
It is important for us therefore to be sentient
of the definition of this requirement as
provided by the European Court of Human
Rights. According to its practice, where is the
dividing line for a reasonable time in the proceedings
What factors provide for protracting
the proceedings What measures shall be
undertaken by a State to overcome this problem
Each of these issues will be considered
below.
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