This question is about Articles 6 and 13, so Fair Trial and Effective Remedy concerning statutes of limitation and repressed memory syndrome...
- Plaintiff subjected to physical and sexual abuse in institutional care when a child. - Limitation is 3years after turning 18 -When he is twenty-four years of age, plaintiff brings action against the institution -He is advised that his action is statute-barred but claims that this fails to take account of repressed memory syndrome. -Argues this is a denial of access to justice and of an effective remedy contrary to the ECHR. -The member State responds by saying that an applicant cannot complain of a denial of access to justice or to an effective remedy where no substantive cause of action exists by operation of a limitation period. -Advise the plaintiff, on the basis of decided cases, how he might ground his application on Article 6 and 13 of the ECHR. Does his case raise any issues under Article 3?