Case of European Court of Human Rights, March 20, 2012 (case Bingöl v. the Netherlands (dec.))

Resolution Date:March 20, 2012



Information Note on the Court’s case-law No. 150

March 2012

Bingöl v. the Netherlands (dec.) - 18450/07

Decision 20.3.2012 [Section III]

Article 6

Article 6-2

Presumption of innocence

Refusal of operating licence owing to risk that it would be used to commit criminal offences: Article 6 not applicable

Facts – The applicant was refused an operating licence to run catering and sports facilities on the grounds that there was a serious danger that the licence would be used to commit criminal offences or to enjoy the proceeds of crime. That decision was based on the applicant’s previous convictions, inter alia, for the illegal employment of aliens, and his allegedly suspicious conduct. In his application to the European Court, the applicant alleged a violation of his right to be presumed innocent as guaranteed by Article 6 § 2 of the Convention.

Law – Article 6 § 2: The applicant’s complaint was not that the wording of a judicial or other decision had reflected a finding of guilt on his part after a prosecution that did not result in a conviction, but that the refusal of the operating licence in and of itself had violated Article 6 § 2 in that it took his criminal antecedents into account. The Court and Commission had taken the view in previous cases that, for the purposes of conviction and sentencing, Article 6...

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