QUEEN'S BENCH DIVISION
THE ADMINISTRATIVE COURT
London WC2A 2LL
B e f o r e :
|THE QUEEN ON THE APPLICATION OF ANDRIS PREISS||Claimant|
|DOBELE DISTRICT COURT, LATVIA||Defendant|
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Mr D Sternberg (instructed by the Crown Prosecution Service) appeared on behalf of the Defendant
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"Right to an effective remedy and to a fair trial
Everyone whose rights and freedoms guaranteed by the law of the Union are violated has the right to an effective remedy before a tribunal in compliance with the conditions laid down in this Article.
Everyone is entitled to a fair and public hearing within a reasonable time by an independent and impartial tribunal previously established by law. Everyone shall have the possibility of being advised defended and represented.
Legal aid shall be made available to those who lack sufficient resources in so far as such aid is necessary to ensure effective access to justice."
Article 19(2) of the Charter contains one of the rights and freedoms guaranteed by the law of the Union:
"No one may be removed, expelled or extradited to a State where there is a serious risk that he or she would be subjected to the death penalty, torture or other inhuman or degrading treatment or punishment."
By Article 6 of the Treaty on European Union, the Charter is to have the same legal value as the two treaties -- on European Union and for the Functioning of the European Union.