Exposed how people in Ireland who have been framed by Gardai, DPP solicitors & Judges in Ireland are being unlawfully denied legal aid
Right to legal aid being denied by a judge
Exposed how people in Ireland who have been framed by Gardai, DPP solicitors & Judges in Ireland are being unlawfully denied legal aid by politically appointed Judges like George Birmingham, DPP solicitors and state solicitors, breaching ECHR human rights
Member States must give effective access to the
law and to justice
General principles
Access to justice
An accessible, effective, sustainable and reliable legal aid scheme
should be in place, allowing individuals to effectively exercise their right of
access to justice.
The
right to legal aid is enshrined in the European Convention on
Human Rights (ECHR) - Article 6 (3)(c) of the Convention
guarantees the right to legal assistance where the defendant has insufficient
means to pay for legal assistance, and to get free legal “where the interests
of justice so require”
https://www.coe.int/en/web/cdcj/activities/free-legal-aid
Legal aid is only one
way to guarantee access to justice.
This article also enshrines the
right to “practical and effective” legal assistance. It allows those who do not
have sufficient financial resources to defend themselves or cover the costs of
bringing the case to the court.
Article 6 of the ECHR does not explicitly guarantee a right to
legal aid in civil proceedings or outside of judicial proceedings. In its
case-law, the ECtHR it established that state authorities should provide
everyone within their jurisdiction with the assistance of a lawyer in civil
cases when this proves indispensable for effective access to court, or when
lack of such assistance would deprive a person of a fair hearing. The ECtHR
also held that the requirement to pay fees to a civil court should not hinder
access to a court for applicants who are unable to pay them.
Article 6 of the ECHR
does not explicitly guarantee a right to legal aid in civil proceedings or
outside of judicial proceedings. In its case-law, the ECtHR it established that
state authorities should provide everyone within their jurisdiction with the assistance
of a lawyer in civil cases when this proves indispensable for effective access
to court, or when lack of such assistance would deprive a person of a fair
hearing. The ECtHR also held that the requirement to pay fees to a civil court
should not hinder access to a court for applicants who are unable to pay them.
The Committee of
Ministers (“CM”) Resolution (78) 8 On Legal Aid and Advice recommends the member States to ensure that
persons in an economically weak position are able to obtain necessary legal
advice on civil, commercial, administrative, social or fiscal matters. The CM
Recommendation No. R (93) 1 On Effective Access to the Law and
to Justice for the Very Poor invites the member States to promote legal advice
services to the very poor by defraying the cost of legal advice through legal
aid schemes, by supporting advice centres in underprivileged areas, and by
enabling non-governmental organisations or voluntary organisations providing
support to the very poor, to give legal assistance.
https://search.coe.int/cm/pages/result_details.aspx?objectid=0900001680a1a347
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