CEDH · CASELAW;COMMUNICATEDCASES;ENG — 20 septembre 2016

.s800EAC49 { font-size:12pt } .sFE10DC93 { margin-top:0pt; margin-bottom:0pt; text-align:center } .sBB9EE52A { font-family:Arial } .sA6BC7FA7 { margin-top:0pt; margin-bottom:0pt; text-indent:14.2pt; text-align:right } .s9793A85B { margin-top:0pt; margin-bottom:0pt; text-indent:14.2pt } .s5E1364CA { margin-top:0pt; margin-bottom:12pt; text-align:center; page-break-inside:avoid; page-break-after:avoid; font-size:14pt } .s8229ABDD { margin-top:0pt; margin-bottom:12pt; text-align:center } .s68C46B95 { margin-top:36pt; margin-bottom:12pt; text-align:center } .s3F59B822 { font-family:Arial; font-weight:bold; text-transform:uppercase } .s32563E28 { margin-top:0pt; margin-bottom:0pt }   Communicated on 20 September 2016   FIFTH SECTION Application no. 24247/15 Vera DEMJANJUK and John DEMJANJUK against Germany lodged on 13 May 2015 SUBJECT MATTER OF THE CASE The applicants are the widow and the son of John Demjanjuk, who was convicted of aiding and abetting the murder of 28,060 persons at the Sobibór concentration camp in 1943 and sentenced to five years’ imprisonment by the Munich Regional Court II on 12 May 2011. That judgment did not become binding as both the public prosecutor and the accused lodged appeals on points of law and the proceedings were terminated in April 2012 due to the death of the accused. QUESTIONS tO THE PARTIES 1. Was the applicants’ right of access to a court under Article 6 § 1 of the Convention complied with by the decisions of the Munich Court of Appeal of 4 October 2012 to dismiss their appeal as inadmissible due to a lack of standing and of 15 November 2012 to dismiss the applicants’ motion to be heard?   2.     Was the presumption of innocence, guaranteed by Article 6 § 2 of the Convention, respected in the present case by the reasoning put forward by the Munich Regional Court II in its decision of 5 April 2012 to refuse the reimbursement of the accused’s necessary costs and expenses following the termination of the criminal proceedings?