pt unconditionally that the mere fact of reopening the proceedings was to have the automatic effect of removing the applicant's victim status, the respondent State would be capable of thwarting the examination of any pending case by having repeated recourse to supervisory-review proceedings, rather than correcting the past violations by giving the applicant a fair trial.
83. The Court considers that the reopening of proceedings by itself may not automatically be regarded as sufficient redress capable of depriving the applicant of his victim status. To ascertain whether or not the applicant retained his victim status the Court will consider the proceedings as a whole, including the proceedings which followed the reopening. This approach enables a balance to be struck between the principle of subsidiarity and the effectiveness of the Convention mechanism. On the one hand, it allows the States to reopen and examine anew criminal cases in order to put right past violations of Article 6 of the Convention. On the other hand, new proceedings must be conducted expeditiously and in accordance with the guarantees of Article 6 of the Convention. With this approach the supervisory review can no longer be employed as a means of evading the Court's review thereby preserving the effectiveness of the right of individual petition.
84. In sum, the Court finds that the mere reopening of the proceedings by way of supervisory review failed to provide appropriate and sufficient redress for the applicant. He may therefore still claim to be a victim within the meaning of Article 34 of the Convention. The Court therefore rejects the Government's objections under this head. It must now examine whether the hearing of 29 November 2007 was compatible with the requirements of fairness.
2. Whether the case should have been re-communicated
to the Government
85. The Government's argument about the loss of victim status by the applicant also had a procedural limb. They claimed that the Chamber should have re-communicated to them the applicant's complaints after it had received information about the second set of the appeal proceedings.
86. The Court observes that the applicant complained about the hearing of 29 November 2007 in his additional pleadings of March 2008. Those pleadings were added by the President of the First Section to the case file for consideration by the Court, and a copy was sent to the Government. The Government were not expressly invited to comment on them; however, nothing prevented them from doing so. The Government had sufficient time to present their additional comments (over nine months), and if the Court had received them, it would certainly have considered them together with the first and second sets of observations submitted by the Government in June and October 2007 respectively.
87. Moreover, it is noted that the information referred to by the applicant in his additional pleadings was well known to the Government and they could have learnt about it from other sources. In any event, by accepting the Government's request for referral to the Grand Chamber, the Court gave the Government an additional opportunity to present their views on the matter. In that connection, the Grand Chamber reiterates that even after a Chamber has decided to declare a complaint admissible it may, where appropriate, examine issues relating to its admissibility, for example by virtue of Article 35 § 4 in fine of the Convention, which empowers the Court to "reject any application which it considers inadmissible... at any stage of the proceedings", and in cases where such issues have been joined to the merits or where they are otherwise relevant at the merits stage (see K. and T. v. Finland [GC], No. 25702/94, §§ 140 - 141, ECHR 2001-VII, and Perna v. Italy [GC], No. 48898/99, §§ 23 - 24, ECHR 2003-V). Having regard to the Strasbourg proc
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