17
DELCOURT v. BELGIUM JUDGMENT
Commission itself so interpreted the "new complaints" in its Report.
Accordingly, the Court considers that it would be unduly formalistic and
therefore unjustified not to take account of these elements in the case.
41. The Applicant’s "new complaints" must, on the other hand, be
rejected as ill-founded. The fact that the Procureur général’s department at
the Court of Cassation expresses its opinion at the end of the hearing,
without having communicated it in advance to the parties, is explained by
the very nature of its task as already described by the Court in pronouncing
upon Delcourt’s principal complaint. Article 6 (art. 6) of the Convention
does not require, even by implication, that an accused should have the
possibility of replying to the purely legal submissions of an independent
official attached to the highest court in Belgium as its assistant and adviser.
42. Having regard, therefore, to the nature of the proceedings before the
Belgian Court of Cassation, it has not been established that the Applicant
did not receive a fair hearing before that court.
FOR THESE REASONS, THE COURT
Holds, unanimously, that in the present case there has been no breach of
Article 6 para. 1 (art. 6-1) of the Convention.
Done in English and in French, the French text being authentic, at the
Human Rights Building, Strasbourg, this seventeenth day of January, one
thousand nine hundred and seventy.
Sir Humphrey WALDOCK
President
M.-A. EISSEN
Registrar