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二审法院
二审法庭
Upon an appeal by the author, the second instance court considered the case.
在提交人上诉后,二审法院审理了该案。
He did not have access to a second instance court that could review the first sentence.
他未能诉诸二审法院,以复审一审法院的判决。
On 2 July 2007, the second instance court granted the author's revision request for lack of access to the author's file, insufficient time allocated for the preparation of his defence and absence of counsel.
President Pocar's remark refers in particular to the death in the Detention Unit of Slobodan Milosevic, former President of the Republic of Serbia and of the former Republic of Yugoslavia, whose trial was not brought to a close, as well as to the death of Milan Babic, who died before the Second Instance Court reached a decision.
The author further notes that the second instance court accepted that no reconciliation had been reached and requested a retrial requiring that discrepancies and drawbacks of the investigation needed to be clarified.
提交人还指出,二审法院同意并未达成和解,要求重新审理,澄清调查中的矛盾和反复处。
In another case, a chamber also chaired by the author, acting as second instance court, upheld a conviction of murder, allegedly despite insufficient evidence and without properly reviewing the verdict.
3.4 The second instance court also ignored their motions, identical to the ones made during the first instance trial, and had the same "accusative tendency" as the first instance, literally adopting the position of the investigation and prosecution.
3.3 The author claims a violation of the right, guaranteed under article 14, paragraph 5, of the Covenant, to have his conviction and sentence reviewed by a higher tribunal according to law, because the second instance court dismissed the arguments of his appeal in relation to the use of unlawful methods at the pretrial investigation by merely referring to the judgment of the first instance court and without taking any further measures for the protection of his rights.
The second instance court ruled that the complainant's brother's arguments that in Uzbekistan there was a consistent pattern of gross, flagrant or mass violations of human rights and that the plaintiff might become a victim of torture, inhuman treatment or punishment could not be taken into consideration since there was no concrete evidence that he might be subjected to torture and inhuman treatment in his country.
Notwithstanding, the State party envisaged undertaking legislative measures to ensure the access to a second instance court.
尽管如此,缔约国打算采取立法措施,以确保能诉诸二审法院。
11.1 On 24 November 2006, the State party transmitted a copy of the trial transcript of the Moscow Regional Court and explained that its criminal procedure law did not envisage the preparation of a trial transcript during the examination of a case by the second instance court.
The Superior Court for the Federal District (second instance court), to which the buyer appealed, upheld the decision of the first instance court.
买方上诉至联邦区高等法院(二审法院),该法院维持了一审法院的判决。
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