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a particular offence, against which the ‘charges have been brought’. As soon as, in due course, the accused
is convicted of a relevant offence, the provisions of paragraph 2 of Article 6 of the Convention are no longer
applicable, neither in connection with the statements made towards the accused, nor as a part of the sentence
fixing process, unless such statements are ‘new’ in terms of their nature and extent.
The European Court also denied the claims made by the applicant on violations of his right for a fair trial
and the right against self-incrimination as part thereof, due to the fact he had to explain himself with respect
to legitimacy of assets he had owned in the last 6 years. Upon examining the relevant law and judiciary
practice, the Strasbourg Court concluded that the presumptions application procedure was attended by
sufficient guarantees for a fair trial. The main basis for guarantee was the fact that the assumption, made
pursuant to the 1994 Act, could have been denied, if the applicant had demonstrated, based on the balance
of probabilities, that he acquired the property in question other than through drug traffickingMoreover, a
judge is vested with the discretionary powers not to administer an assumption, should they believe that such
administration entails a grave risk of injustice.
In the context of the complaint filed by the applicant with respect to a violation of Article 1 of the Protocol
No. 1, the European Court noted that orders on confiscation, in the context of the 1994 Act, were the deterrent
for those who pondered of involvement in drug trafficking, as well as were aimed at the deprivation of
proceeds gained from drug trafficking and the elimination of a possibility of their deployment in future drug
trafficking. Despite that GBP 91,400 was a significant amount, the Court, at the same time, noted that such
amount corresponded to the value of benefit, which, as established by the judge in the domestic trial, had
been derived by the applicant from drug trafficking in the previous six years, and that was an amount the
applicant could have recovered from the property at his disposal. Considering the abovementioned, the Court
determined that the intervention, which the applicant had been subjected to in his right for respect of his
property, was proportionate, and that there was no violation of Article 1 of the Protocol No. 1 to the
Convention.
In one of its recent decisions, the European Court of Human Rights examined the conformity of the
Convention with the civil forfeiture practiced in Georgia. The
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