TEIXEIRA DE CASTRO JUDGMENT OF 9 JUNE 1998
8
PROCEEDINGS BEFORE THE COMMISSION
28. Mr Teixeira de Castro applied to the Commission on 24 October
1994. He relied on Article 6 § 1 of the Convention, complaining that he had
not had a fair hearing as police officers had incited him to commit the
offence of which he was subsequently convicted. In his view those
circumstances also amounted to breaches of Articles 3 and 8. He considered
that he had in addition been subjected to discriminatory treatment because
he had been given a heavy sentence whereas the other people implicated in
the case were either not prosecuted or had received a light sentence.
29. On 24 June 1996 the Commission declared the application
(no. 25829/94) admissible in so far as it concerned the fairness of the
proceedings and inadmissible as to the remainder. In its report of
25 February 1997 (Article 31), it expressed the opinion that there had been a
violation of Article 6 § 1 (thirty votes to one), but not of Article 3
(unanimously) and that it was unnecessary also to examine whether there
had been a violation of Article 8 (thirty votes to one). The full text of the
Commission’s opinion and of the separate opinion contained in the report is
reproduced as an annex to this judgment1.
THE GOVERNMENT’S FINAL SUBMISSIONS TO THE
COURT
30. In their memorial the Government asked the Court to “hold that
there had been no violation of Article 6 § 1 of the Convention in the instant
case”.
AS TO THE LAW
I.
ALLEGED VIOLATION OF ARTICLE 6 § 1 OF THE
CONVENTION
31. Mr Teixeira de Castro complained that he had not had a fair trial in
that he had been incited by plain-clothes police officers to commit an
offence of which he was later convicted. He relied on Article 6 § 1 of the
Convention, of which the part relevant in the present case reads as follows:
1. Note by the Registrar. For practical reasons this annex will appear only with the printed
version of the judgment (in Reports of Judgments and Decisions 1998), but a copy of the
Commission’s report is obtainable from the registry.