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ECHR Chamber decision

01 August 2002

Ezeh and Connors v United Kingdom (nos 39665/98 and 40086/98)
The applicants, both UK nationals, are serving prisoners. The case concerned the applicability of Article 6 (right to a fair trial) of the European Convention on Human Rights to prison adjudications. Mr Ezeh was charged with using threatening language to a parole officer, and Mr Connors with assault on a prison officer. Both were found guilty at adjudication. Mr Ezeh was sentenced to 40 days detention, and Mr Connors to seven days detention.
The applicants complained under Article 6.3 (right to legal assistance) in that they were not allowed to have a lawyer present at the hearing before the governor and that they could not obtain free legal aid for legal representation prior to and during the hearing (this latter ground was not considered).
The Court found that the nature of the charges against the applicants, together with the nature and severity of the potential and actual penalties, were such as to lead to the conclusion that both applicants were subject to criminal charges within the meaning of Article 6.1 of the Convention and that accordingly Article 6 applied to the adjudications. The governor - as was his right under domestic law - had decided that legal representation was unnecessary. The Court considered that as a result, the applicants were denied the right to legal representation and held unanimously that there had been a violation of Article 6.3(c), (15.7.02).