KONSTAS v. GREECE JUDGMENT
1
In the case of Konstas v. Greece,
The European Court of Human Rights (First Section), sitting as a
Chamber composed of:
Nina Vajić, President,
Peer Lorenzen,
Khanlar Hajiyev,
George Nicolaou,
Mirjana Lazarova Trajkovska,
Julia Laffranque, judges,
Spyridon Flogaitis, ad hoc judge,
and Søren Nielsen, Registrar,
Having deliberated in private on 3 May 2011,
Delivers the following judgment, which was adopted on that date:
PROCEDURE
1. The case originated in an application (no. 53466/07) against the
Hellenic Republic lodged with the Court under Article 34 of the Convention
for the Protection of Human Rights and Fundamental Freedoms (“the
Convention”) by a Greek national, Mr Dimitrios Konstas (“the applicant”)
on 25 November 2007.
2. The applicant was represented by Mr Y. Ktistakis, a lawyer practising
in Athens. The Greek Government (“the Government”) were represented by
their Agent, Mr M. Apessos, Senior Adviser, State Legal Council,
Mrs O. Patsopoulou, Adviser, State Legal Council, and Mrs S. Trekli, Legal
Assistant, State Legal Council.
3. The applicant alleged, in particular, that there had been a violation of
his rights under Articles 6 § 2 and 13 of the Convention.
4. On 14 May 2009 the President of the First Section decided to give
notice of the application to the Government. Under the provisions of Article
29 § 1 of the Convention, it was also decided that the Chamber would rule
on the admissibility and merits of the application at the same time.
5. Mr Christos Rozakis, the judge elected in respect of Greece, was
unable to sit in the case. The Government accordingly appointed Mr
Spyridon Flogaitis to sit as an ad hoc judge.
THE FACTS
I. THE CIRCUMSTANCES OF THE CASE
6. The applicant was born in 1946 and lives in Athens.