Very important judgment that opens the way for citizens not to have to endure undue delays in justice.

Judgment Ftiti v. Greece (ECtHR, 26/08/2025):

The European Court of Human Rights (ECtHR) examined whether Article 2 of Protocol No. 7 (right to have a criminal conviction reviewed by a higher tribunal) had been violated.

Main facts

The applicant, a Tunisian citizen legally residing in Greece since 1996, was convicted in 2010 to 17 years in prison and a fine for aggravated robbery. The trial court ruled that the appeal would not have suspensive effect and also ordered his expulsion after serving the sentence, without giving reasons for that decision.
The appeal was delayed for years: the first appeal hearing was set for 2014 (almost 4 years later) and, finally, the appeal proceedings were held in November 2015, when the applicant had already been released on parole and deported to Tunisia. His appeal was rejected for non-appearance, even though his absence was due to deportation and the practical impossibility of attending.

Court’s considerations

The ECtHR stressed that the right of appeal must be effective, which implies that it must be held within a reasonable time and, where appropriate, suspend the execution of the sentence to prevent the appeal from being deprived of substance.
In this case, the nearly 6-year delay in the appeal hearing and the fact that the applicant had already served most of his sentence and had been immediately expelled meant that the appeal was ineffective in practice. The ECtHR also highlighted that the lack of reasoning for denying suspensive effect and the delays attributable to the authorities deprived the applicant of a real and effective review of his conviction.

Ruling
The Court concluded, unanimously, that there had been a violation of Article 2 of Protocol No. 7, and granted just satisfaction (Art. 41 ECHR), recognizing the existence of harm and awarding €7,000 in respect of non-pecuniary damage, plus applicable taxes. It did not grant compensation for costs or order the reopening of the proceedings, leaving that possibility to Greek legislation.