Finally, he had not had an opportunity to present his case under the same conditions as the prosecution: the prosecutor had been present in the courtroom, whereas the applicant had participated via a video link.
C. The Court's analysis
1. Whether the applicant lost victim status
after the reopening of proceedings
(a) General principles of the Court's case-law: the notion of "redress"
66. The Court has developed two lines of case-law regarding the victim status of an applicant under Article 34 of the Convention. The first line concerns the nature and extent of the conditions for claiming to be a victim of a violation of the Convention when lodging an application with the Court, namely whether a person can be regarded as being directly affected by the impugned measure (see, among other authorities, Burden v. the United Kingdom [GC], No. 13378/05, § 33, ECHR 2008-...). The second line of cases relates to the question whether, where an alleged violation has already taken place, subsequent events can give rise to a loss of victim status. The Court would emphasise that the two lines of case-law are independent of each other (see Senator Lines GmbH v. Austria, Belgium, Denmark, Finland, France, Germany, Greece, Ireland, Italy, Luxembourg, the Netherlands, Portugal, Spain, Sweden and the United Kingdom (dec.) [GC], No. 56672/00, ECHR 2004-IV). Having and losing victim status are two different situations, although they are both based on the notion of "victim".
67. It is a well-established principle of the Court's case-law that an applicant may lose his victim status if two conditions are met: first, the authorities must have acknowledged, either expressly or in substance, the breach of the Convention and, second, they must have afforded redress for it (see, among many other authorities, Scordino, cited above, § 180). Only when these conditions are satisfied does the subsidiary nature of the protective mechanism of the Convention preclude examination of an application (see Arat v. Turkey, No. 10309/03, § 46, 10 November 2009). The alleged loss of the applicant's victim status involves an examination of the nature of the right in issue, the reasons advanced by the national authorities in their decision and the persistence of adverse consequences for the applicant after the decision (see Freimanis and {Lidums} v. Latvia, Nos. 73443/01 and 74860/01, § 68, 9 February 2006).
68. It is clear that in the present case the authorities acknowledged the original violation of the applicant's rights under Article 6 of the Convention, at least as regards the lack of appropriate legal aid in the appeal proceedings of 2002. Therefore, the Court should concentrate on the question whether they complied with the obligation to "redress" it.
69. In Scordino (cited above) the Grand Chamber formulated the requirements for redress in respect of excessively lengthy civil proceedings. In particular, the Court held that excessive delays in an action for compensation may render the remedy inadequate (§ 195). Further, the access to a compensatory remedy should not be hindered by high court fees (§ 201). The Court also examined whether the monetary redress was sufficient in quantitative terms.
70. The Court notes that the above findings concerned a compensatory remedy for a breach of a very specific guarantee of Article 6 § 1 - the "reasonable time" requirement. Breach of other provisions of the Convention may require other kinds of "redress", to which the logic of Scordino does not necessarily apply. The Court also reiterates in this connection that different types of remedy may redress the violation appropriately (see, mutatis mutandis, the Court's analysis under Article 13 in {Kudla} v. Poland [GC], No. 30210/96, §§ 154 - 55, ECHR 2000-XI). The appropriateness and sufficiency of redress depend on the nature of t
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