Avenue de l'Europe
Frommelt v. Liechtenstein 
| 2004
The proceedings before the Court of Appeal were not truly adversarial and did not ensure equality of arms between the parties.
Judgment of the European Court of Human Rights, June 2004
Peter Frommelt was kept in detention whilst awaiting trial for financial crimes. He asked to be released before the trial. When this was considered on appeal, neither he nor his lawyer were allowed to put forward any legal arguments. The request was then rejected, and the court ordered Mr Frommelt to be kept in pre-trial detention for a year.
The European court noted that prisoners have a right to be heard by a court when they object to their pre-trial detention. The refusal to hear Mr Frommelt’s arguments violated his rights.
Procedures were changed in Liechtenstein. Detainees now have the right to make legal comments when a court is considering the extension of their pre-trial detention.
Hans Moor was exposed to asbestos during his work in the 1960s and 70s. This gave him cancer, which was diagnosed in 2004. Hans Moor died in 2005, aged 58. Just before his death, Mr Moor had brought a claim for damages against his former employer for failing to take precautions against exposure to asbestos. The claim was continued by his wife and children.
Mrs Airey wanted to be legally separated from her husband, who was allegedly a violent alcoholic. However, there was no legal aid and she could not afford the lawyers’ fees. The European Court of Human Rights ruled that the lack of legal aid effectively denied Mrs Airey access to a court, breaching her basic rights. Legal aid for such cases was introduced in Ireland in the following year.
Anatoliy Burdov was exposed to radiation whilst working on the emergency response to the Chernobyl disaster. He was entitled to certain social benefits, but the authorities refused to pay - even when ordered to do so by Russian courts. The European court said that this violated Mr Burdov’s rights. As a result, reforms were introduced to improve the enforcement of judgments.
Liechtenstein
Switzerland
Ireland
Russian Federation*