Once this burden of proof has been satisfied, it falls to the applicant to establish that the remedy advanced by the Government was in fact exhausted, or was for some reason inadequate and ineffective

  22277/93   § 52, ECHR   2000 ‑ VII; Burden v. the United Kingdom   [GC], no. 13378/05, § 33, ECHR 2008; and Centre for Legal Resources on behalf of Valentin Câmpeanu v.

To be effective, a remedy must be capable of remedying directly the impugned state of affairs ( Mathias Berns and Joseph Ewert v.

Freedom of expression • Freedom of assembly • Electoral candidacy denied based on alleged “extremist” involvement • Retroactive penalisation for lawful activities • Measures not foreseeable • Impossible burden

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The burden of proof is on the Government claiming non-exhaustion to satisfy the Court that an effective remedy was available in theory and in practice at the relevant time; that is to say, that the remedy

  Moldova [GC], no. 7/08, § 104, ECHR 2010; and Burden v. the United Kingdom [GC], no. 13378/05, §§ 33 and 34, ECHR 2008). 22.

  25424/09, § 93, ECHR 2013), viewed as a procedural guarantee in the context of a criminal trial itself, the presumption of innocence imposes requirements in respect of, inter alia , the burden of

He is represented before the Court by Mr   Geoffrey Goldkorn, a lawyer practising in London with Goldkorn & Mathias, Solicitors.

There is room for implied limitations and Contracting States must be given a wide margin of appreciation in this sphere (see Mathieu-Mohin and Clerfayt v.

    The Court reiterates that free elections and freedom of expression, particularly freedom of political debate, together form the bedrock of any democratic system (see Mathieu-Mohin and Clerfayt

The Court further reiterates that Article 35 of the Convention, which sets out the rule on exhaustion of domestic remedies, provides for a distribution of the burden of proof.

As was underlined by the second instance court, pursuant to the Polish law the burden of proof with reference to the above circumstances lay with the ... applicant.

To be effective, a remedy must be capable of remedying directly the impugned state of affairs ( Mathias Berns and Joseph Ewert v. Luxembourg , no.