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In Arizona, GOP-backed election security measures clash with voter initiatives
Nov 1, 2022 article, Associated Press, dbe39a40-ffbf-5a6b-ae65-341f88474804, fnc, fox-news/politics/elections/voter-fraud-concerns, fox-news/politics/state-and-local/elections, fox-news/topic/associated-press, fox-news/us, fox-news/us/us-regions/southwest/arizona
Arizona voters who began mailing in their ballots after simply signing and dating the envelope in recent weeks might be doing so for the final time with that simple process.
That's because one of 10 measures they'll decide in the Nov. 8 midterm elections would change the rules for verifying that the people who mail in such ballots are who they say they are. Proposition 309 would also change how in-person voters are allowed to prove their identity.
Three other measures also placed on the ballot by Republicans who control the Legislature would make major changes to the citizen initiative process by making it harder for voters to bypass lawmakers and write their own laws. One would carve out major exemptions to the Voter Protection Act, which prevents the Legislature from changing voter-approved laws in most cases.
ARIZONA WILL REQUIRE VOTERS TO PROVE CITIZENSHIP AND RESIDENCY, ANGERING ACTIVISTS
The four measures target early-voting and voter ID laws in the name of election security. They are priorities for Republicans, who have long chafed at the citizen initiative process.
The voting measure, Proposition 309, would require voters to write their birthdates and add state-issued voter identification numbers, driver license of identification numbers or a partial social security numbers to affidavits rather than just signing and dating them. The back-of-envelope signature used by many counties also would be changed to require that they be placed into a second envelope.
Three proposed election security amendments to the Arizona Constitution would target existing voter initiatives
In-person voting requirements also would change, eliminating the ability of voters who don't have a state, tribal or federal government-issued photo ID on them to vote by presenting two alternate documents, such as a utility bill.
ARIZONA, PENNSYLVANIA, OHIO, AND OTHER STATES WITH IMPORTANT MIDTERM RACES: WHY DO THEY MATTER?
Democrats and voting rights groups note that citizenship and other requirements for voting are already done during the voter registration process and that the changes would lead to more mail-in ballots being rejected and people being turned away at the polls. Republicans say they're needed election security changes.
The three constitutional amendments targeting initiatives are Propositions 128, 129 and 132.
The first would free the Legislature from the Voter Protection Act's ban on changing laws passed by initiative if any part of the measure is found by the state Supreme Court or U.S. Supreme Court to contain illegal or unconstitutional language. Currently, only that portion would be stricken, but if Proposition 128 passes, lawmakers could make wholesale changes or even repeal such laws.
Proposition 129 would limit initiatives to a single subject and require that all major parts of an initiative be explained in the title, voiding any part not explained there. Many initiatives that have already been enacted cover more than a single subject, and opponents say passage of Proposition 129 would limit comprehensive measures and lead to lawsuits challenging whether a measure truly only covers one subject.
Proposition 132 would raise the threshold from a simple majority to 60% of the vote to pass any ballot measure that would raise taxes or impose a fee. Proponents say that's important since tax increases deserve greater support to pass, but opponents note that many initiatives contain fees or taxes to support their objectives, such as the Clean Elections Act, which funds candidates for office who forego private funding by using a 10% surcharge levied on all civil and criminal penalties.
At least two ballot measures this year — one that would raise taxes for rural fire districts and another that would limit interest and making other changes to debt owed by Arizonans — would need 60% of voter support in future elections if they pass.
It's a coin-flip in crucial races for Senate and governor in battleground Nevada: poll
David DePape Pleads Not Guilty To Paul Pelosi Hammer Attack


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Fancy yourself as a budding thespian? Look no further.
As a company you will devise and create a Christmas themed performance piece, ready to perform at the end of the session.
Invite your friends and family to see the finished piece at 4.15. Led by Essex based playwright and theatre director Michelle Payne.


Time to rev up your imagination.
You're in a vehicle travelling 46 km/h, non-stop, for exactly one hour. That point-to-point trip, which would take you from Kanata to the outskirts of Cumberland, has controlled heating, comfortable seating and, most likely, little stress.
Carry that thought to a velodrome track, where an elite cyclist will put a whole new twist to that experience through the ultimate test called the Day of the Hour. Cyclists carefully ride the lower portion of the expensive, wooden track as fast as they can to see how many kilometres they can travel in one hour.
Ottawa's Mike Nash, a 50-year-old director of product management at Signiant, doesn't have to imagine. He has lived through the excitement, the pain and disappointment, and the glory and forgotten most of it on all three occasions.
And he does it well. The Ride with Rendall cyclist set the Canadian record in the men's 50-54 age group on Sept. 23 on the Mattamy National Cycling Centre track in Milton, Ont. This happened almost six years after breaking the men's 40-44 world record in his second Day of the Hour in Manchester, England.
It seems so simple, yet it's so complicated and taxing.
"You've got a fixed gear bike, you just need to ride around in a circle in perfect weather conditions (indoors) for an hour. How hard can that be?" Nash wrote in an e-mail, after a one-hour telephone interview.
"But, the thing is that the turns come every few seconds. And, that means you are essentially going up a small hill (bank of the track) every few seconds, which changes your power demands; not to mention the G-forces that press you down onto the bike each lap (and the centrifugal forces that try to take you off the 'measure line,' the black (boundary) line at the bottom of the track).
Nash, who only started competitive cycling at age 35 after stepping away from combative sports like hockey and soccer, had a most interesting introduction to the Day of the Hour competition. In October, 2011, in Manchester, he did not one, but two one-hour marathon sprints and they were separated by only four days.
That's hardly the textbook approach to this body draining experience, but it worked for him. In his inaugural Day of the Hour, Nash missed the men's 40-44 age group world record by 39 metres (about three seconds).
Four days later in Manchester, the opportunity presented itself for another shot at the world record. More motivated than disappointed, Nash powered his way through the hour to then world and Canadian records of 45.95 kilometres, adding 300 metres to the old mark. He held that Canadian open record for five years.
Nash continued road cycling, but stepped away from the Day of the Hour until last September, when he received a Facebook message that a handful of Canadians decided to go all out on the 2015 Pan Am Games track in Milton.
In preparation for his third Day of the Hour race, Nash made the nine-hour, round-trip drive to Milton once or twice a week from June through September for training. Everything was falling into place to take a serious run at the men's 50-54 world record set by France's Pascal Montier at 48.892 kilometres on Nov. 6, 2016.
But during his final training session a week before Day of the Hour, he crashed going 50-plus kilometres an hour and slid about 80 metres along the track, suffering bruised ribs and absorbing a few track splinters. Undeterred, he carried on with a bit of discomfort.
Nash started his first Day of the Hour in six years strong and was on world-record pace from the eighth to the 18th minute. Then, he slowly started to fall off that demanding pace and finished with more than 185 laps on the 250-metre track for a distance of 46.434 kilometres, which was worthy of a Canadian record.
"After 15 minutes, I realized I was going too fast for what I could do that day," said Nash, who watched former Ride with Rendall teammate and national team rider Ed Veal set a world record of 48.587 kilometres in the men's 40-44 class.
And he's planning at least one more world-record attempt at the end of March at altitude in Aguascalientes City, Mexico.
"This time, I'll pay attention to all the details and get it right," he added.
When it was over, Dominic Wren of Gatineau fell to the floor in disbelief. The reality of winning the JC Lindsay Scottish junior open boys' under-19 squash championship in Edinburgh was too much to absorb after a gruelling, five-game, 71-minute final. Wren, a two-time Quebec champion and ranked No. 12 in Canada, outlasted defending champion Michael Andrews of England 11-8, 11-9, 7-11, 10-12, 12-10 on Dec. 30. Andrews was ranked as high as 12th among world juniors in February, while Wren entered the Scottish open at No. 327th. Wren's road to the title included victories, in order, over Tino Mackay of Scotland, 3-1; No. 3-4 seed Keane Appleton of England, 3-0; No. 9-16 seed Uzair Rasheed of Pakistan, 3-2 in the quarterfinals; and the No. 1 Scot, Christopher Murphy, 3-0, in the semifinals. "I have had a stunner of a tournament," Wren said following his emotional final win. "I've never played so well and this will go down as my best tournament and the final, one of my best-ever matches. I have worked hard this year and it all came together this week. My brother and dad are over and their support really helped me get over the line." At last week's British Junior Open, Wren won four of his six boys' U19 matches for 73rd place. Ottawa's Iman Shaheen, the U.S. Open bronze medallist and Canadian Open silver medallist, placed 13th in the girls' U13 division with a 3-2 record.
Michael Woods of Education First-Drapac p/b Cannondale had a year to remember racing the best in the world in 2017 — a Canadian-best seventh overall in the Vuelta a Espana, including a third in Stage 9; sixth- and eighth-place results in the Giro d'Italia; and a ninth and an 11th in two single-day Spring Classics. The effort by the former elite middle-distance runner earned him multiple awards by Canada's top cycling magazines. Pedal made the Gatineau resident its best overall cyclist, best overall senior/U23 male cyclist, best road senior/U23 cyclist (male or female) and tied for best Canadian cycling moment performance, while Canadian Cyclist announced Woods was its male cyclist of the year after tabulating votes from its cycling enthusiasts. Canadian Cyclist's best individual performance went to Rally Cycling's Matteo Dal-Cin of Ottawa for his Canadian championship men's road race victory. Derek Gee of Osgoode shared Pedal's best track senior cyclist award with five other team pursuit riders, including former Ride with Rendall athlete Ed Veal.
The 2017 Triathlon Ontario awards list includes Joanna Brown of Carp, female short-course triathlete of the year, Jordan Monnink of Ottawa, male long-course triathlon provincial champion; Dave Field of Gatineau, male winter triathlon provincial champion and masters male duathlete of the year; and Rick Hellard of Ottawa, honourable mention as coach of the year. Triathlon Magazine Canada tipped its helmet to Brown by putting her on the front cover of its latest issue.
Olympian Amy Millar of Perth won the $125,000 Canadian show jumping championship at the Royal Horse Show during the 95th Royal Agricultural Winter Fair in Toronto. Riding 10-year-old Heros, Millar notched only 1.25 penalty points in three rides for her first national title, while Victoria's Ali Ramsay, who is coached by Jill Henselwood of Oxford Mills, Ont., placed third at 4.24 points.
Greely's Luke Cavallin of the OHL's Flint Firebirds played for Canada in the final of the world U17 hockey championships as Team Red fell to the United States 6-4. Ottawa 67's rookie Graeme Clarke was the top point-scorer for Canada Team White with two goals and four assists, while teammate Joe Carroll of Almonte and the OHL's Sault Ste. Marie Greyhounds counted two goals.
The Ontario alpine ski team has four athletes from the Ottawa region racing down North American mountains — Nicole Clarke and Hunter Watson, both of the Camp Fortune Ski Club, and Sammy and Alex Duff of the Calabogie Peaks Ski Club … Ottawa South United's Ariel Young was one of three 16-year-old players to make her international debut with the Canadian senior women's soccer team during a 3-1 loss to host United States in an exhibition game. Young played the final 19 minutes of the second half … Forwards Emily Chenier and Sara Plouffe and defender Julie Vandal, all from the Gatineau Fusion, helped Canada defend its women's junior gold medal at the world ringette championships in Mississauga, after defeating Finland 8-3 and 9-6. Finland downed Canada 7-4 and 11-5 in the women's senior best-of-three series, leaving Allison Biewald and Kaitlyn Youldon, both of the Fusion, Jasmine Leblanc of Ottawa Ice, and Nepean's Kelsey Youldon of the Waterloo Wildfire with silver medals … The inaugural group of 10 inducted into the Orienteering Canada Hall of Fame included Patricia de St. Croix, a leader and developer of the outdoor sport in the National Capital, and Colin Kirk, one of Canada's orienteering pioneers who served as the executive director of the national sport governing body for 20 years … Takahashi Judo Club's Benjamin Kendrick won the men's -90-kilogram class bronze medal at the Asian Open junior competition in Hong Kong for his first international medal … Three coaches with Ottawa connections have been highlighted as Petro-Canada Coaching Excellence Award winners: Rachel Mathews, Special Olympics Canada, World Winter Games with the snowshoeing team; Adam Kingsbury with the Rachel Homan curling rink; and former Nepean runner Bruce Deacon with Liam Stanley in Victoria.


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JUSSILA v. FINLAND About Project
Case of Jussila v. Finland
(Application no. 73053/01)
Strasbourg, 23 November 2006
In the case of Jussila v. Finland,
The European Court of Human Rights, sitting as a Grand Chamber composed of:
Jean-Paul Costa, President,
Nicolas Bratza,
Boštjan M. Zupančič,
Peer Lorenzen,
Lucius Caflisch,
Loukis Loucaides,
Ireneu Cabral Barreto,
Volodymyr Butkevych,
Josep Casadevall,
Matti Pellonpää,
Kristaq Traja,
Mindia Ugrekhelidze,
Antonella Mularoni,
Elisabet Fura-Sandström,
Ljiljana Mijović,
Dean Spielmann,
Ján Šikuta, judges,
and Erik Fribergh, Registrar,
Having deliberated in private on 5 July and 25 October 2006,
Delivers the following judgment, which was adopted on the last-mentioned date:
1. The case originated in an application (no. 73053/01) against the Republic of Finland lodged with the Court under Article 34 of the Convention for the Protection of Human Rights and Fundamental Freedoms ("the Convention") by a Finnish national, Mr Esa Jussila ("the applicant"), on 21 June 2001.
2. The applicant, who had been granted legal aid, was represented by Mr P. Lappalainen, a lawyer practising in Nokia. The Finnish Government ("the Government") were represented by their Agent, Mr A. Kosonen of the Ministry for Foreign Affairs.
3. The applicant alleged that he had not received a fair hearing in the proceedings in which a tax surcharge was imposed as he had not been given an oral hearing.
4. The application was allocated to the Fourth Section of the Court (Rule 52 § 1 of the Rules of Court). On 9 November 2004 it was declared partly admissible by a Chamber of that Section, composed of Nicolas Bratza, Matti Pellonpää, Josep Casadevall, Rait Maruste, Kristaq Traja, Ljiljana Mijović and Ján Šikuta, judges, and Michael O'Boyle, Section Registrar. The Chamber joined to the merits the question of the applicability of Article 6 of the Convention. On 14 February 2006 the Chamber relinquished jurisdiction in favour of the Grand Chamber, neither of the parties having objected to relinquishment (Article 30 of the Convention and Rule 72).
5. The composition of the Grand Chamber was determined according to the provisions of Article 27 §§ 2 and 3 of the Convention and Rule 24. Christos Rozakis, who was unable to attend the deliberations on 25 October 2006, was replaced by Ireneu Cabral Barreto, substitute judge (Rule 24 § 3). Anatoly Kovler, who was likewise unable to attend those deliberations, was replaced by Elisabet Fura-Sandström, substitute judge (Rule 24 § 3).
6. The applicant and the Government each filed observations on the merits. The parties replied in writing to each other's observations.
7. A hearing took place in public in the Human Rights Building, Strasbourg, on 5 July 2006 (Rule 59 § 3).
There appeared before the Court:
(a) for the Government
Mr A. Kosonen, Ministry for Foreign Affairs, Agent,
Mrs L. Halila,
Mr P. Pykönen, Advisers;
(b) for the applicant
Mr P. Lappalainen, member of the Bar, Counsel.
The Court heard addresses by Mr Kosonen and Mr Lappalainen and their replies to questions put by judges.
I. THE CIRCUMSTANCES OF THE CASE
8. The applicant was born in 1949 and lives in Tampere, Finland.
9. On 22 May 1998 the Häme Tax Office (verotoimisto, skattebyrån) requested the applicant, who ran a car-repair workshop, to submit his observations regarding some alleged errors in his value-added tax (VAT) declarations (arvonlisävero, mervärdesskatt) for fiscal years 1994 and 1995.
10. On 9 July 1998 the Tax Office found that there were deficiencies in the applicant's book-keeping in that, for instance, receipts and invoices were inadequate. The Tax Office made a reassessment of the VAT payable basing itself on the applicant's estimated income, which was higher than the income he had declared. It ordered him to pay, inter alia, tax surcharges (veronkorotus, skatteförhöjning) amounting to 10% of the reassessed tax liability (the additional tax surcharges levied on the applicant totalled 1,836 Finnish Marks, corresponding to 308.80 euros).
11. The applicant appealed to the Uusimaa County Administrative Court (lääninoikeus, länsrätten) (which later became the Helsinki Administrative Court (hallinto-oikeus, förvaltningsdomstolen)). He requested an oral hearing and that the tax inspector as well as an expert appointed by the applicant be heard as witnesses. On 1 February 2000 the Administrative Court took an interim decision inviting written observations from the tax inspector and after that an expert statement from an expert chosen by the applicant. The tax inspector submitted her statement of 13 February 2000 to the Administrative Court. The statement was further submitted to the applicant for his observations. On 25 April 2000 the applicant submitted his own observations on the tax inspector's statement. The statement of the expert chosen by him was dated and submitted to the court on the same day.
12. On 13 June 2000 the Administrative Court held that an oral hearing was manifestly unnecessary in the matter because both parties had submitted all the necessary information in writing. It also rejected the applicant's claims.
13. On 7 August 2000 the applicant requested leave to appeal, renewing at the same time his request for an oral hearing. On 13 March 2001 the Supreme Administrative Court refused him leave to appeal.
II. RELEVANT DOMESTIC LAW AND PRACTICE
A. Assessment and imposition of tax surcharges
14. Section 177(1) of the Value-Added Tax Act (arvonlisäverolaki, mervärdesskattelagen; Law no. 1501/1993) provides that if a person liable to pay taxes has failed to pay the taxes or clearly paid an insufficient amount of taxes or failed to give required information to the tax authorities, the Regional Tax Office (verovirasto, skatteverket) must assess the amount of unpaid taxes.
15. Section 179 provides that a tax assessment may be conducted where a person has failed to make the required declarations or has given false information to the tax authorities. The taxpayer may be ordered to pay unpaid taxes or taxes that have been wrongly refunded to the person.
16. Section 182 provides, inter alia, that a maximum tax surcharge of 20% of the tax liability may be imposed if the person has without a justifiable reason failed to give a tax declaration or other document in due time or given essentially incomplete information. The tax surcharge may amount at most to twice the amount of the tax liability, if the person has without any justifiable reason failed to fulfil his or her duties fully or partially even after being expressly asked to provide information.
17. In, for example, the Finnish judicial reference book, Encyclopædia Iuridica Fennica, a tax surcharge is defined as an administrative sanction of a punitive nature imposed on the taxpayer for conduct contrary to tax law.
18. Under Finnish practice, the imposition of a tax surcharge does not prevent the bringing of criminal charges for the same conduct.
B. Oral hearings
19. Section 38(1) of the Administrative Judicial Procedure Act (hallintolainkäyttölaki, förvaltningsprocesslagen; Law no. 586/1996) provides that an oral hearing must be held if requested by a private party. An oral hearing may however be dispensed with if a party's request is ruled inadmissible or immediately dismissed, or if an oral hearing would be clearly unnecessary owing to the nature of the case or other circumstances.
20. The explanatory part of the Government Bill (no. 217/1995) for the enactment of the Administrative Judicial Procedure Act considers the right to an oral hearing as provided by Article 6 and the possibility in administrative matters to dispense with the hearing when it would be clearly unnecessary, as stated in section 38(1) of the said Act. There it is noted that an oral hearing contributes to a focused and immediate procedure but, since it does not always bring any added value, it must be ensured that the flexibility and cost effectiveness of the administrative procedure is not undermined. An oral hearing is to be held when it is necessary for the clarification of the issues and the hearing can be considered beneficial for the case as a whole.
21. During the period 2000 to 2006, the Supreme Administrative Court did not hold any oral hearings in tax matters. As to the eight administrative courts, appellants requested an oral hearing in a total of 603 cases. The courts held an oral hearing in 129 cases. There is no information as to how many of these taxation cases concerned the imposition of a tax surcharge. According to the Government's written submission of 12 July 2006, the administrative courts had thus far in 2006 held a total of 20 oral hearings in tax matters. As regards the Helsinki Administrative Court in particular, in 2005 it examined a total of 10,669 cases of which 4,232 were tax matters. Out of the last-mentioned group of cases, 505 concerned VAT. During that year the Administrative Court held a total of 153 oral hearings of which three concerned VAT.
ALLEGED VIOLATION OF ARTICLE 6 § 1 OF THE CONVENTION
22. The applicant complained that the tax-surcharge proceedings were unfair as the courts did not hold an oral hearing in his case. The Court has examined this complaint under Article 6 of the Convention, the relevant part of which provides:
"1. In the determination of ... any criminal charge against him, everyone is entitled to a fair and public hearing ... by an independent and impartial tribunal established by law. ..."
A. The parties' submissions
1. The applicant
23. The applicant contested the Government's submissions as giving misleading, erroneous interpretations of domestic and Convention law. According to the applicant his case required, both under the domestic legislation and under Article 6 of the Convention, a mandatory oral hearing owing to his need for legal protection and the fact that the credibility of witness statements played a significant role in the determination of the case. According to the applicant the matter did not concern only 308.80 euros (EUR), but altogether a financial liability of EUR 7,374.92. The applicant maintained that the lack of an oral hearing de facto placed the burden of proof on him. He also emphasised the importance of the threat of the punishment and the impact on his business from having to pay unjustified taxes with no legal basis.
24. In his oral submissions, the applicant pointed out that he had not "opted for" the liability to pay VAT. On the contrary, as the annual turnover exceeded the threshold laid down by the Value-Added Tax Act, it was compulsory to file a VAT return.
2. The Government
25. The Government noted the fundamental nature of the obligation on individuals and companies to pay tax. Tax matters formed part of the hard core of public-authority prerogatives, with the public nature of the relationship between the taxpayer and the tax authorities remaining predominant. An extension of the ambit of Article 6 § 1 under its criminal head to cover taxes could have far-reaching consequences for the State's ability to collect taxes.
26. The Government noted that, under the Finnish legal system, tax surcharges belonged to administrative law. They were not imposed under criminal-law provisions but in accordance with various tax laws. Moreover, they were determined by the tax authorities and the administrative courts, and they were in all respects treated differently from court-imposed sanctions. The surcharge in issue in this case was targeted at a given group with a particular status, namely citizens under the obligation to pay VAT and registered as subject to VAT. It was not therefore imposed under a general rule. The main purpose of the surcharges was to protect the fiscal interests of the State and to exert pressure on taxpayers to comply with their legal obligations, to sanction breaches of those obligations, and to prevent re-offending. However this aspect was not decisive. They emphasised that the penalty imposed did not reach the substantial level identified in Bendenoun v. France (24 February 1994, Series A no. 284). The tax surcharges could not be converted into a prison sentence and the amount of the tax surcharge in the present case was low, 10%, which amounted to the equivalent of EUR 308.80, with an overall maximum surcharge possible of 20%.
27. Assuming Article 6 was applicable, the Government maintained that the obligation under Article 6 § 1 to hold a public hearing was not an absolute one. A hearing might not be necessary owing to the exceptional circumstances of the case, for example when it raised no questions of fact or law which could not be adequately resolved on the basis of the case file and parties' written observations. Besides the publicity requirement there were other considerations, including the right to a trial within a reasonable time and the related need for an expeditious handling of the courts' caseload, which had to be taken into account in determining the necessity of public hearings in proceedings subsequent to the trial at first-instance level.
28. The Government maintained that in the present case the purpose of the applicant's request for an oral hearing was to challenge the reliability and accuracy of the report on the tax inspection by cross-examining the tax inspector and the expert. They noted that the Administrative Court took the measure of inviting written observations from the tax inspector and after that a statement from an expert chosen by the applicant. An oral hearing was manifestly unnecessary as the information provided by the applicant himself formed a sufficient factual basis for the consideration of the case. The issue at hand was rather technical, being based on the report of the tax inspector. Such a dispute could be better dealt with in writing than in oral argument. There was nothing to indicate that questions of fact or law would have emerged which could not have been adequately resolved on the basis of the case file and the written observations of the applicant, the tax inspector and the expert. No additional information could have been gathered by hearing, as required by the applicant, the tax inspector or the expert in person. Furthermore, the applicant was given the possibility of putting forward any views in writing which in his opinion would be decisive for the outcome of the proceedings. He also had the possibility to comment on all the information provided by the tax authorities throughout the proceedings. Further, he was able to appeal to the County Administrative Court and Supreme Administrative Court, both of which had full jurisdiction on questions of fact and law and could quash the decisions of the tax authorities. The Government concluded that there were circumstances which justified dispensing with a hearing in the applicant's case.
B. The Court's assessment
1. Applicability of Article 6
29. The present case concerns proceedings in which the applicant was found, following errors in his tax returns, liable to pay VAT and an additional 10% surcharge. The assessment of tax and the imposition of surcharges fall outside the scope of Article 6 under its civil head (see Ferrazzini v. Italy [GC], no. 44759/98, § 29, ECHR 2001-VII). The issue therefore arises in this case whether the proceedings were "criminal" within the autonomous meaning of Article 6 and thus attracted the guarantees of Article 6 under that head.
30. The Court's established case-law sets out three criteria to be considered in the assessment of the applicability of the criminal aspect. These criteria, sometimes referred to as the "Engel criteria", were most recently affirmed by the Grand Chamber in Ezeh and Connors v. the United Kingdom ([GC] nos. 39665/98 and 40086/98, § 82, ECHR 2003-X).
"... [I]t is first necessary to know whether the provision(s) defining the offence charged belong, according to the legal system of the respondent State, to criminal law, disciplinary law or both concurrently. This however provides no more than a starting point. The indications so afforded have only a formal and relative value and must be examined in the light of the common denominator of the respective legislation of the various Contracting States.
The very nature of the offence is a factor of greater import. ...
However, supervision by the Court does not stop there. Such supervision would generally prove to be illusory if it did not also take into consideration the degree of severity of the penalty that the person concerned risks incurring. ..."
31. The second and third criteria are alternative and not necessarily cumulative. It is enough that the offence in question is by its nature to be regarded as criminal or that the offence renders the person liable to a penalty which by its nature and degree of severity belongs in the general criminal sphere (see Ezeh and Connors, cited above, § 86). The relative lack of seriousness of the penalty cannot divest an offence of its inherently criminal character (see Öztürk v. Germany, 21 February 1984, § 54, Series A no. 73; see also Lutz v. Germany, 25 August 1987, § 55, Series A no. 123). This does not exclude a cumulative approach where separate analysis of each criterion does not make it possible to reach a clear conclusion as to the existence of a criminal charge (see Ezeh and Connors, cited above, § 86, citing, inter alia, Bendenoun, cited above, § 47).
32. The Court has considered whether its case-law supports a different approach in fiscal or tax cases. It observes that in Bendenoun, which concerned the imposition of tax penalties or a surcharge for evasion of tax (VAT and corporation tax in respect of the applicant's company and his personal income tax liability), the Court did not refer expressly to Engel and Others v. the Netherlands (8 June 1976, Series A no. 22) and listed four elements as being relevant to the applicability of Article 6 in that case: that the law setting out the penalties covered all citizens in their capacity as taxpayers; that the surcharge was not intended as pecuniary compensation for damage but essentially as a punishment to deter re-offending; that it was imposed under a general rule whose purpose is both deterrent and punitive; and that the surcharge was substantial (422,534 French francs (FRF) in respect of the applicant and FRF 570,398 in respect of his company, corresponding to EUR 64,415 and EUR 86,957 respectively). These factors may be regarded however in context as relevant in assessing the application of the second and third Engel criteria to the facts of the case, there being no indication that the Court was intending to deviate from previous case-law or to establish separate principles in the tax sphere. It must further be emphasised that the Court in Bendenoun did not consider any of the four elements as being in themselves decisive and took a cumulative approach in finding Article 6 applicable under its criminal head.
33. In Janosevic v. Sweden (no. 34619/97, ECHR 2002-VII), the Court made no reference to Bendenoun or its particular approach but proceeded squarely on the basis of the Engel criteria identified above. While reference was made to the severity of the actual and potential penalty (a surcharge amounting to 161,261 Swedish kronor (approximately EUR 17,284) was involved and there was no upper limit on the surcharges in this case), this was as a separate and additional ground for the criminal characterisation of the offence which had already been established on examination of the nature of the offence (see Janosevic, §§ 68-69; see also Västberga Taxi Aktiebolag and Vulic v. Sweden, no. 36985/97, 23 July 2002, decided on a similar basis at the same time).
34. In the subsequent case of Morel v. France ((dec.), no. 54559/00, ECHR 2003-IX), however, Article 6 was found not to apply in respect of a 10% tax surcharge (FRF 4,450, corresponding to EUR 678), which was "not particularly high" and was therefore "a long way from the 'very substantial' level" needed for it to be classified as criminal. The decision, which applied the Bendenoun rather than the Engel criteria, attaches paramount importance to the severity of the penalty to the detriment of the other Bendenoun criteria, in particular that concerning the nature of the offence (and the purpose of the penalty) and makes no reference to the recent Janosevic case. As such, it seems more in keeping with the Commission's approach in Bendenoun v. France (no. 12547/86, Commission's report of 10 December 1992, unreported), in which the Commission based the applicability of Article 6 chiefly on the degree of severity of the penalty, unlike the Court in the same case, which weighed up all the aspects of the case in a strictly cumulative approach. Morel is an exception among the reported cases in that it relies on the lack of severity of the penalty as removing the case from the ambit of Article 6, although the other criteria (general rule, not compensatory in nature, deterrent and punitive purpose) had clearly been fulfilled.
35. The Grand Chamber agrees with the approach adopted in Janosevic, which gives a detailed analysis of the issues in a judgment on the merits after the benefit of hearing argument from the parties (compare Morel which was a decision on inadmissibility). No established or authoritative basis has therefore emerged in the case-law for holding that the minor nature of the penalty, in taxation proceedings or otherwise, may be decisive in removing an offence, otherwise criminal by nature, from the scope of Article 6.
36. Furthermore, the Court is not persuaded that the nature of tax-surcharge proceedings is such that they fall, or should fall, outside the protection of Article 6. Arguments to that effect have also failed in the context of prison disciplinary and minor traffic offences (see, among others, Ezeh and Connors and Öztürk, both cited above). While there is no doubt as to the importance of tax to the effective functioning of the State, the Court is not convinced that removing procedural safeguards in the imposition of punitive penalties in that sphere is necessary to maintain the efficacy of the fiscal system or indeed can be regarded as consonant with the spirit and purpose of the Convention. In this case the Court will therefore apply the Engel criteria as identified above.
37. Turning to the first criterion, it is apparent that the tax surcharges in this case were not classified as criminal but as part of the fiscal regime. This is however not decisive.
38. The second criterion, the nature of the offence, is the more important. The Court observes that, as in the Janosevic and Bendenoun cases, it may be said that the tax surcharges were imposed by general legal provisions applying to taxpayers generally. It is not persuaded by the Government's argument that VAT applies to only a limited group with a special status: as in the previously-mentioned cases, the applicant was liable in his capacity as a taxpayer. The fact that he opted for VAT registration for business purposes does not detract from this position. Further, as acknowledged by the Government, the tax surcharges were not intended as pecuniary compensation for damage but as a punishment to deter re-offending. It may therefore be concluded that the surcharges were imposed by a rule whose purpose was deterrent and punitive. The Court considers that this establishes the criminal nature of the offence. The minor nature of the penalty renders this case different from Janosevic and Bendenoun as regards the third Engel criterion but does not remove the matter from the scope of Article 6. Hence, Article 6 applies under its criminal head notwithstanding the minor nature of the tax surcharge.
39. The Court must therefore consider whether the tax-surcharge proceedings complied with the requirements of Article 6, having due regard to the facts of the individual case, including any relevant features flowing from the taxation context.
2. Compliance with Article 6
40. An oral, and public, hearing constitutes a fundamental principle enshrined in Article 6 § 1. This principle is particularly important in the criminal context, where generally there must be at first instance a tribunal which fully meets the requirements of Article 6 (see Findlay v. the United Kingdom, 25 February 1997, § 79, Reports of Judgments and Decisions 1997-I), and where an applicant has an entitlement to have his case "heard", with the opportunity, inter alia, to give evidence in his own defence, hear the evidence against him, and examine and cross-examine the witnesses.
41. That said, the obligation to hold a hearing is not absolute (see Håkansson and Sturesson v. Sweden, 21 February 1990, § 66, Series A no. 171-A). There may be proceedings in which an oral hearing may not be required: for example where there are no issues of credibility or contested facts which necessitate a hearing and the courts may fairly and reasonably decide the case on the basis of the parties' submissions and other written materials (see, for example, Döry v. Sweden, no. 28394/95, § 37, 12 November 2002, and Pursiheimo v. Finland (dec.), no. 57795/00, 25 November 2003; compare Lundevall v. Sweden, no. 38629/97, § 39, 12 November 2002, and Salomonsson v. Sweden, no. 38978/97, § 39, 12 November 2002; and see also Göç v. Turkey [GC], no. 36590/97, § 51, ECHR 2002-V, where the applicant should have been heard on elements of personal suffering relevant to levels of compensation).
42. The Court has further acknowledged that the national authorities may have regard to the demands of efficiency and economy and found, for example, that the systematic holding of hearings could be an obstacle to the particular diligence required in social security cases and ultimately prevent compliance with the reasonable-time requirement of Article 6 § 1 (see Schuler-Zgraggen v. Switzerland, 24 June 1993, § 58, Series A no. 263 and the cases cited therein). Although the earlier cases emphasised that a hearing must be held before a court of first and only instance unless there were exceptional circumstances that justified dispensing with one (see, for instance, Håkansson and Sturesson, cited above, § 64; Fredin v. Sweden (no. 2), 23 February 1994, §§ 21-22, Series A no. 283-A; and Allan Jacobsson v. Sweden (no. 2), 19 February 1998, § 46, Reports 1998-I), the Court has clarified that the character of the circumstances that may justify dispensing with an oral hearing essentially comes down to the nature of the issues to be decided by the competent national court, not to the frequency of such situations. It does not mean that refusing to hold an oral hearing may be justified only in rare cases (see Miller v. Sweden, no. 55853/00, § 29, 8 February 2005). The overarching principle of fairness embodied in Article 6 is, as always, the key consideration (see, mutatis mutandis, Pélissier and Sassi v. France [GC], no. 25444/94, § 52, ECHR 1999-II, and Sejdovic v. Italy [GC], no. 56581/00, § 90, ECHR 2006-II).
43. While it may be noted that the above-mentioned cases in which an oral hearing was not considered necessary concerned proceedings falling under the civil head of Article 6 § 1 and that the requirements of a fair hearing are the most strict in the sphere of criminal law, the Court would not exclude that in the criminal sphere the nature of the issues to be dealt with before the tribunal or court may not require an oral hearing. Notwithstanding the consideration that a certain gravity attaches to criminal proceedings, which are concerned with the allocation of criminal responsibility and the imposition of a punitive and deterrent sanction, it is self-evident that there are criminal cases which do not carry any significant degree of stigma. There are clearly "criminal charges" of differing weight. What is more, the autonomous interpretation adopted by the Convention institutions of the notion of a "criminal charge" by applying the Engel criteria have underpinned a gradual broadening of the criminal head to cases not strictly belonging to the traditional categories of the criminal law, for example administrative penalties (Öztürk, cited above), prison disciplinary proceedings (Campbell and Fell v. the United Kingdom, 28 June 1984, Series A no. 80), customs law (Salabiaku v. France, 7 October 1988, Series A no. 141-A), competition law (Société Stenuit v. France, 27 February 1992, Series A no. 232-A), and penalties imposed by a court with jurisdiction in financial matters (Guisset v. France, no. 33933/96, ECHR 2000-IX). Tax surcharges differ from the hard core of criminal law; consequently, the criminal-head guarantees will not necessarily apply with their full stringency (see Bendenoun and Janosevic, § 46 and § 81 respectively, where it was found compatible with Article 6 § 1 for criminal penalties to be imposed, in the first instance, by an administrative or non-judicial body, and, a contrario, Findlay, cited above).
44. It must also be said that the fact that proceedings are of considerable personal significance to the applicant, as in certain social insurance or benefit cases, is not decisive for the necessity of a hearing (see Pirinen v. Finland (dec.), no. 32447/02, 16 May 2006).
45. While the Court has found that Article 6 § 1 of the Convention extends to tax-surcharge proceedings, that provision does not apply to a dispute over the tax itself (see Ferrazzini, cited above). It is, however, not uncommon for procedures to combine the varying elements and it may not be possible to separate those parts of the proceedings which determine a "criminal charge" from those parts which do not. The Court must accordingly consider the proceedings in issue to the extent to which they determined a "criminal charge" against the applicant, although that consideration will necessarily involve the "pure" tax assessment to a certain extent (see Georgiou v. the United Kingdom (dec.), no. 40042/98, 16 May 2000, and Sträg Datatjänster AB v. Sweden (dec.), no. 50664/99, 21 June 2005).
46. In the present case, the applicant's purpose in requesting a hearing was to challenge the reliability and accuracy of the report on the tax inspection by cross-examining the tax inspector and obtaining supporting testimony from his own expert since, in his view, the tax inspector had misinterpreted the requirements laid down by the relevant legislation and given an inaccurate account of his financial state. His reasons for requesting a hearing therefore concerned in large part the validity of the tax assessment, which as such fell outside the scope of Article 6, although there was the additional question of whether the applicant's book-keeping had been so deficient as to justify a surcharge. The Administrative Court, which took the measure of inviting written observations from the tax inspector and after that a statement from an expert chosen by the applicant, found in the circumstances that an oral hearing was manifestly unnecessary as the information provided by the applicant himself formed a sufficient factual basis for the consideration of the case.
47. The Court does not doubt that checking and ensuring that the taxpayer has given an accurate account of his or her affairs and that supporting documents have been properly produced may often be more efficiently dealt with in writing than in oral argument. Nor is it persuaded by the applicant that in this particular case any issues of credibility arose in the proceedings which required oral presentation of evidence or cross-examination of witnesses and it finds force in the Government's argument that any issues of fact and law could be adequately addressed in, and decided on the basis of, written submissions.
48. The Court further observes that the applicant was not denied the possibility of requesting an oral hearing, although it was for the courts to decide whether a hearing was necessary (see, mutatis mutandis, Martinie v. France [GC], no. 58675/00, § 44, ECHR 2006-VI). The Administrative Court gave such consideration with reasons. The Court also notes the minor sum of money at stake. Since the applicant was given ample opportunity to put forward his case in writing and to comment on the submissions of the tax authorities, the Court finds that the requirements of fairness were complied with and did not, in the particular circumstances of this case, necessitate an oral hearing.
49. There has, accordingly, been no violation of Article 6 § 1 of the Convention.
FOR THESE REASONS, THE COURT
1. Holds by thirteen votes to four that Article 6 of the Convention is applicable in the present case;
2. Holds by fourteen votes to three that there has been no violation of Article 6 of the Convention.
Done in English and in French, and delivered at a public hearing in the Human Rights Building, Strasbourg, on 23 November 2006.
Erik Fribergh Jean-Paul Costa
Registrar President
In accordance with Article 45 § 2 of the Convention and Rule 74 § 2 of the Rules of Court, the following separate opinions are annexed to this judgment:
(a) joint partly dissenting opinion of Judges Costa, Cabral Barreto and Mularoni joined by Judge Caflisch;
(b) partly dissenting opinion of Judge Loucaides joined by Judges Zupančič and Spielmann.
J.-P.C.
JOINT PARTLY DISSENTING OPINION OF JUDGES COSTA, CABRAL BARRETO AND MULARONI JOINED BY JUDGE CAFLISCH
(Translation)
1. We concur with the majority in finding that in this case there has been no violation of Article 6 § 1 of the Convention.
2. However, we have reached that conclusion because we consider this Article to be inapplicable.
3. The majority refer (see paragraphs 29 to 34 of the judgment) to the Court's relevant case-law, which, until now, we had found to be relatively clear.
4. The assessment of taxes and the possible imposition of surcharges fall outside the scope of Article 6 § 1 under its civil head, as the Grand Chamber clearly indicated in Ferrazzini v. Italy ([GC], no. 44759/98, ECHR 2001-VII). In paragraph 29 of that judgment, as the respondent Government rightly pointed out, the Court considered that "tax matters still form[ed] part of the hard core of public-authority prerogatives, with the public nature of the relationship between the taxpayer and the community remaining predominant".
5. In this case the question was whether or not Article 6 § 1 applied under its criminal head. The Court, in line with the judgment in Engel and Others v. the Netherlands (8 June 1976, Series A no. 22), takes three criteria into account, as the Grand Chamber recently confirmed (see Ezeh and Connors v. the United Kingdom [GC], nos. 39665/98 and 40086/98, § 82, ECHR 2003-X):
(a) the classification of the "offence" as "criminal" according to the domestic legal system;
(b) the very nature of the offence;
(c) the degree of severity of the penalty that the person concerned risks incurring.
6. We agree with the majority that these criteria should be applied. However, the first and third criteria are clearly not satisfied in the present case. The majority relied in essence on the nature of the offence, finding that:
(a) the tax surcharges had been imposed under general legal provisions applying to taxpayers generally; and that
(b) the penalties were both deterrent and punitive.
7. In our view, those two aspects do not suffice for a "criminal charge", within the meaning of Article 6, to obtain.
8. Firstly, why would it not be possible to impose administrative penalties (in the form of surcharges) on all taxpayers who break the law, and
what legal reasoning leads to the conclusion that such administrative penalties are therefore criminal in nature?
9. Secondly, purely administrative penalties as well as criminal penalties can have a deterrent purpose and a punitive purpose. The Court has indeed reached findings to this effect in the past (see, among other authorities, Öztürk v. Germany, 21 February 1984, § 53, Series A no. 73, and Janosevic v. Sweden, no. 34619/97, § 68, ECHR 2002-VII). By contrast, in Bendenoun v. France (24 February 1994, § 47, Series A no. 284), which is cited in paragraph 31 of the judgment, the Court carried out a finer and, in our opinion, fairer analysis, taking into consideration, in the tax field (the specific nature of which is emphasised in Ferrazzini, cited above), a fourth criterion, in addition to the three Engel criteria, namely the fact that the surcharges were "very substantial". In that same paragraph of the Bendenoun judgment, the Court concluded as follows: "Having weighed the various aspects of the case, the Court notes the predominance of those which have a criminal connotation. None of them is decisive on its own, but taken together and cumulatively they made the 'charge' in issue a 'criminal' one within the meaning of Article 6 § 1 ..., which was therefore applicable" (emphasis added). A contrario, where, as in this case, that fourth criterion, specific as it is to criminal penalties, is found to be lacking, the "criminal connotation" is significantly diminished to the point where, in our view, Article 6 becomes inapplicable.
10. The circumstances of the case show that the applicant's situation cannot be characterised as criminal or as having a "criminal connotation". Firstly, he had simply made errors in his book-keeping which had resulted in incorrect value-added tax returns being filed. Does this necessarily constitute a criminal offence? We find this far from certain. Secondly, the penalty imposed on him represented 10% of the reassessed tax liability, amounting to approximately 308 euros. Can this really be described as "very substantial" or even just "substantial"? Whether expressed as a percentage or as an absolute value, we have serious doubts.
11. Admittedly, there was some inconsistency between two lines of case-law that are both specific to tax litigation, as embodied in Bendenoun and Janosevic, hence the relinquishment of jurisdiction to the Grand Chamber with a view to resolving the inconsistency within the meaning of Article 30 of the Convention. However, we are convinced that the Bendenoun line was wiser, and that in the present case neither the three Engel criteria nor the additional fourth criterion in Bendenoun were satisfied, such that Article 6 § 1 did not apply.
It is, moreover, unfortunate to extend the "criminal" head of that provision excessively, rather than recognising that the tax field is a specific one, as the Ferrazzini judgment formally asserted and as is apparent from other Convention provisions (see the wording of the second paragraph of Article 1 of Protocol No. 1).
12. If Article 6 § 1 is not applicable, it evidently cannot have been breached. That is why we voted with the majority in favour of point 2 of the operative provisions. Accordingly, we do not need to examine the question that would have arisen if we had found Article 6 § 1 to be applicable under its criminal head and to decide whether we would then have agreed with the majority in finding that a public hearing was not indispensable. That is a highly debatable – albeit hypothetical – question.
PARTLY DISSENTING OPINION OF JUDGE LOUCAIDES
JOINED BY JUDGES ZUPANČIČ AND SPIELMANN
I agree with the majority that the present case concerns proceedings which were criminal and thus attracted the guarantees of Article 6 of the Convention under that head. However, I am unable to join the majority in finding that the requirement of an oral hearing could be dispensed with in this case or any other criminal case.
This is the first time the Court has found that an oral hearing may not be required in a criminal case. The Court has previously found that the obligation to hold such a hearing was not absolute in respect of certain civil proceedings. Without entering into the question whether the approach regarding civil proceedings was justified or not by the terms of Article 6 of the Convention, I must, from the outset, stress the point that there is a great difference between civil proceedings and criminal proceedings in many respects affecting the requirement of an oral hearing. First of all because criminal proceedings are more serious than civil proceedings and entail the attribution of criminal responsibility with the consequent stigma – a stigma which exists in any event, regardless of the severity of the relevant criminal charge, even though it may be more or less serious depending on the degree of such severity. Secondly, in a criminal trial there is a confrontation between on the one side the State, exercising its power to enforce the criminal law, and on the other side the individual(s). Thirdly, the express terms of Article 6 regarding the minimum rights of persons charged with a criminal offence, under paragraph 3 (c), (d) and (e), clearly imply that the oral hearing is an unqualified and indispensable prerequisite for a fair criminal trial ("... to defend himself in person; ... to examine ... witnesses against him; ... to obtain the attendance and examination of witnesses; ... to have the ... assistance of an interpreter if he cannot ... speak the language used in court").
The requirement of a public hearing in judicial proceedings has been challenged during the drafting of certain international instruments, but even where this challenge has been successful, as in the case of the American Convention on Human Rights, the guarantee of a public hearing has been retained in respect of criminal proceedings.
It appears from the Court's case-law that whenever the Court has found that a hearing could be dispensed with in respect of criminal proceedings at the appeal stage, it has always made it clear that a hearing should have taken place at first instance (see Axen v. Germany, 8 December 1983, § 28, Series A no. 72; Helmers v. Sweden, 29 October 1991, § 36, Series A no. 212-A; and Jan-Åke Andersson v. Sweden, 29 October 1991, § 27, Series A no. 212-B).
In Jan-Åke Andersson (29 October 1991, opinion of the Commission, §§ 48-49, Series A no. 212-B), the Commission stated the following principles.
"48. The right of the accused to be present when a court determines whether or not he is to be found guilty of the criminal charges brought against him, and to be able to present to the court what he finds is of importance in this respect, is not only an additional guarantee that an endeavour will be made to establish the truth, but it also helps to ensure that the accused is satisfied that his case has been determined by a tribunal, the independence and impartiality of which he could verify. Thereby justice is from the accused's point of view seen to be done. Furthermore, the object and purpose of Article 6 taken as a whole require that a person charged with a criminal offence has a right to take part in a hearing. Sub-paragraphs (c) and (d) of paragraph 3 guarantee the right to defend oneself in person and to examine or have examined witnesses and such rights cannot be exercised without the accused being present (see also Eur. Court H. R., Colozza judgment of 12 February 1985, Series A no. 89, p. 14, § 27).
49. The guarantee of a fair and public hearing in Article 6 § 1 of the Convention is one of the fundamental principles of any democratic society. By rendering the administration of justice visible publicity contributes to the maintenance of confidence in the administration of justice. The public nature of the hearings, where issues of guilt and innocence are determined, ensures that the public is duly informed and that the legal process is publicly observable."
The Court has found as follows: "In addition, the object and purpose of Article 6, and the wording of some of the sub-paragraphs in paragraph 3, show that a person charged with a criminal offence 'is entitled to take part in the hearing and to have his case heard' in his presence by a 'tribunal' ... The Court infers, as the Commission did, that all the evidence must in principle be produced in the presence of the accused at a public hearing with a view to adversarial argument" (see Barberà, Messegué and Jabardo v. Spain, 6 December 1988, § 78, Series A no. 146).
Furthermore, as the Court has held on a number of occasions: "The public character of proceedings before the judicial bodies referred to in Article 6 § 1 protects litigants against the administration of justice in secret with no public scrutiny; it is also one of the means whereby confidence in the courts, superior and inferior, can be maintained. By rendering the administration of justice visible, publicity contributes to the achievement of the aim of Article 6 § 1, namely a fair trial, the guarantee of which is one of the fundamental principles of any democratic society, within the meaning of the Convention" (see, inter alia, Axen, cited above, § 25, and Sutter v. Switzerland, 22 February 1984, Series A no. 74).
The majority in this case accept that "... a certain gravity attaches to criminal proceedings, which are concerned with the allocation of criminal responsibility and the imposition of a punitive and deterrent sanction ...", but they proceed to state that "there are criminal cases which do not carry any significant degree of stigma ..." and that "[t]ax surcharges [as in
the present case] differ from the hard core of criminal law; consequently, the criminal-head guarantees will not necessarily apply with their full stringency ..." (see paragraph 43 of the judgment).
I find it difficult, in the context of a fair trial, to distinguish, as the majority do in this case, between criminal offences belonging to the "hard core of criminal law" and others which fall outside that category. Where does one draw the line? In which category does one place those offences which on their face value do not appear severe, but if committed by a recidivist may lead to serious sanctions? I believe that the guarantees for a fair trial envisaged by Article 6 of the Convention apply to all criminal offences. Their application does not and cannot depend on whether the relevant offence is considered as being in "the hard core of the criminal law" or whether "it carries any significant stigma". For the persons concerned, whom this provision of the Convention seeks to protect, all cases have their importance. No person accused of any criminal offence should be deprived of the possibility of examining witnesses against him or of any other of the safeguards attached to an oral hearing. Moreover, to accept such distinctions would open the way to abuse and arbitrariness.
I firmly believe that judicial proceedings for the application of criminal law, in respect of any offence, by the omnipotent State against individuals require, more than any other judicial proceedings, strict compliance with the requirements of Article 6 of the Convention so as to protect the accused "against the administration of justice in secret with no public scrutiny". As rightly pointed out by Trechsel "... the principle of public trial in criminal cases has an importance which goes beyond personal interests"1.
Therefore, once it was found (correctly) that the relevant proceedings in this case were criminal, the requirement of a public hearing in respect of them became a sine qua non. The failure to fulfil that requirement amounts, in my opinion, to a breach of Article 6 of the Convention.
1. Stefan Trechsel, Human Rights in Criminal Proceedings, p. 121.
JUSSILA v. FINLAND JUDGMENT
JUSSILA v. FINLAND JUDGMENT – JOINT PARTLTY DISSENTING OPINION
JUSSILA v. FINLAND JUDGMENT – JOINT PARTLY DISSENTING OPINION
JUSSILA v. FINLAND JUDGMENT – PARTLY DISSENTING OPINION

redpajama_set_name: RedPajamaCommonCrawl


text:
A Christmas STREAM Program, But With a Digital Twist
This year our Crusaders created a one-of-a-kind Christmas STREAM Program. The annual program has always been one of the highlights of the school year. Families, students, teachers, and staff gather in prayer to share in the anticipation and the joys of the Christmas season. This year, however, COVID-19 created new challenges and limitations that not only affect the Christmas Program but also develop it further.
Wearing masks and adhering to social regulations are not the key ingredients to a well-executed performance. Ms. Mary Ann Addis, CtRCS Fine Arts Director, utilized this unique situation to introduce music technology in an innovative and modern way. Students explored music technology and engineering to new heights that have never been done before at CtR. They not only engaged in the process of recording music, but explored video production and acting as well.
Rehearsals were nothing but normal during the months of November to December. Students were forced to really listen while intoning and blending their voices. Once the sections were mastered, the music room turned directly into a recording studio. Using their Chromebooks and logging into Google Meets, students would sing while listening simultaneously to the accompaniment. Although many recording takes occurred, the students strived to deliver their best performance with each take.
In the end, students embarked on the creative journey of digital and music recording, hopefully instilling a hunger to explore more ways to incorporate the arts with technology and engineering.
See the full program below.


The FIH (International Hockey Federation) selected Polytan as the sole hockey surface provider for the 2016 Rio Olympics.
Polytan installed the chosen blue Poligras Platinum COOLplus Top Elite surface for the Olympic Park Hockey Centre in Deodoro Olympic Park.
The yellow ball moving across the blue surface makes it easy for fans to watch the games live and on TV.
Two match pitches (91.4m x 55m) and one warm up field (45.7m x 55m) were installed for the event by Polytan.


text:
Berikowo (maced. Бериково, alb. Berikova) – wieś w Macedonii Północnej, administracyjnie należy do Gminy Osłomej. Według danych z 2002 r. wieś zamieszkana wyłącznie przez Albańczyków.

Wsie w Macedonii Północnej
!

redpajama_set_name: RedPajamaWikipedia


A rising star in an expanding game.
Model Lineup: "Audi Q5 2.0T Quattro ($35,600); Q5 3.2 Quattro ($43,000)"
Model Tested MSRP: "Audi Q5 3.2 Quattro ($43,000)"
Standard Equipment: "leather seating surfaces, heated power front seats, 40/20/40 folding rear seats with fore-after adjustability, power sunroof, power tailgate, AM/FM/CD premium audio, satellite radio, iPod interface, heated power-folding side mirrors, xenon headlights; navigation system; five-camera 360-degree surround system; adaptive xenon headlights; auto high beam assist; 17-speaker surround sound audio; rear camera system with hitch assist and trailer stability assist; ambient lighting; power tailgate; Bluetooth connectivity; 8-inch touch-screen info center and voice control; tilt-telescope steering; power leather front seats; 19-inch aluminum alloy wheels; puddle lamps; glass panoramic sunroof; automatic climate control"
Options As Tested: "Prestige package ($7100) adds navigation system, Bang & Olufsen audio, adaptive headlights, blind spot warning, thermo cupholders, rear seat side window sunshades; Audi Drive Select ($2950) features adaptive engine, transmission, and suspension mapping; Luxury package ($2300) upgrades to leather dashboard and armrest trim, perforated Milano leather upholstery, ventilated front seats; S-Line package ($1500) includes 255/45-20 performance tires, 3-spoke sport steering wheel with paddle shifters, brushed aluminum interior trim, black cloth headliner; S-Line Plus ($500) adds 20-inch aluminum alloy wheels"
Standard Safety Equipment: "dual stage front airbags, front side airbags, side curtain airbags, rear seat LATCH child seat anchors, front seat belts with automatic tensioning system, electronic stability control, traction control, ABS, Electronic Brake-force Distribution, Brake Assist, tire-pressure monitoring system, all-wheel drive"
Optional Safety Equipment: "rear-seat side airbags, blind zone proximity warning, rearview camera; roll stability control, hill-start assist"
Suspension - F: "independent, five-link, coil springs, antiroll bar"
Suspension - R: "independent, multilink, coil springs, antiroll bar"
Brakes - F/R: "vented disc/disc with ABS, EBD, Brake Assist"
"Audi is a latecomer to the luxury crossover game, but the company's engineering and product planning staffs seem to have used their late arrival to good advantage. The second of Audi's three crossover SUV offerings, the Q5 was introduced for the 2009 model year, and has been a popular player amid a steadily growing group dominated by German makes, in particular the BMW X3.
Classified as a compact SUV, the Audi Q5 structure is consistent with contemporary crossover engineering, a unitbody incorporating the frame rails within the body shell. This approach keeps curb weight down while simultaneously yielding higher structural rigidity, which pays dividends in fuel economy and handling response. The old body-on-frame tradition is a better bet for durability in rugged off-road use, but like its contemporaries the Q5 isn't likely to see anything more challenging than a gravel road.
Like the BMW X3, the Audi Q5 offers two rows of seats, and is rated for five passengers. The reality is that four of those passengers will ride in comfort, while the fifth, in the rear center position, will be unhappy. This isn't limited to the Q5; it applies to all the entries in this segment: BMW X3, Infiniti FX, Lincoln MKX, Mercedes-Benz GLK-Class, Range Rover Evoque, Volkswagen Touareg, Volvo XC 60, and the Acura RDX.
The similarities between BMW X3 and Audi Q5 don't end with seating. The dimensions of the two vehicles are essentially identical, as are their cargo capacities, and pricing structures. We suspect this is not coincidence.
All the vehicles competing in this segment offer all-wheel drive, but for several it's an optional feature. It's standard equipment with the Audi Q5, regardless of engine choice.
There are two of the latter. A turbocharged 2.0-liter four-cylinder became the standard engine in 2011, and the formerly standard 3.2-liter naturally aspirated V6 is now available as an upgrade option. The 2.0-liter turbo is ubiquitous in Volkswagen/Audi vehicles, a durable engine with years of development on its resume. Now with direct fuel injection, it's rated for 211 horsepower and 258 pound-feet of torque in this application.
The V6 raises the horsepower ante to 270 hp, although its torque rating (243 pound-feet) is a bit lower than that of the turbo four, it adds substantially to vehicle mass (about 250 pounds), and the extra power output comes at the expense of fuel economy. The turbocharged four is EPA-rated at 20/27 mpg City/Highway, whereas ratings fall to 18/23 mpg for the V6.
The 2.0-liter engine is paired with Audi's new 8-speed Tiptronic automatic transmission, while the V6 delivers power via an older 6-speed automatic.
Audi wants us to perceive the Q5 as the sportiest entry in its segment, which is a bit of a tough sell as far as power is concerned, since the BMW X3's optional 3.0-liter turbocharged six-cylinder engine delivers 300 horsepower and 300 pound-feet of torque."
"Audi Q5 comes in two versions based on powertrains: the Q5 2.0T with a turbocharged four-cylinder engine and the Q5 3.2 with a V6. Standard Audi Q5 features include leather upholstery, three-zone automatic climate control, wood trim, AM/FM/CD sound system with satellite radio, 40/20/40 rear seating with fore-aft and seatback adjustability, a driver information system and trip computer, cruise control.
Audi Q5 2.0T Premium ($35,600) includes 18-inch aluminum alloy wheels, electronic stability control, ABS with electronic brake force distribution, front seat-mounted side airbags, rear seat side airbags, and front and rear curtain airbags. Premium Plus ($4,300) adds a power sunroof, heated front seats with driver pre-set memory, a power rear hatch, auto-dimming and power folding side mirrors, iPod connectivity, Bluetooth connectivity. Options include the Audi MMI Navigation-plus Package ($3000), which includes navigation with voice command, color info screen, CD/DVD/HD radio, front and rear parking sensors; a 14-speaker, 505-watt Bang & Olufsen premium audio ($850); and 19-inch alloy wheels ($800).
Safety features standard on all Q5 models include dual stage front airbags, front side airbags, side curtain airbags, rear seat LATCH child seat anchors, front seat belts with automatic tensioning system, electronic stability control, traction control, ABS, Electronic Brake-force Distribution, Brake Assist, tire-pressure monitoring system, and quattro all-wheel drive. Optional safety features include rear-seat side-impact airbags, blind zone proximity warning, rearview camera."
"The Audi Q5 looks sporty, with a wide stance and tightly wrapped sheetmetal that gives it a lean, action-ready look.
Although Audi's trademark LED accents have been adopted by a number of carmakers, there's no mistaking the big Audi grille for anything else, and a relatively low roofline, plus short front and rear overhangs, contribute to a visual persona that's more sport wagon than sport-utility.
Ground clearance is a factor in this as well. There's enough of it, 7.9 inches, to give drivers confidence on dirt road treks to summer cabins, but this dimension is at the low end of the scale for the class, which can be viewed as a plus in terms of dynamics, since it keeps the Q5's center of gravity a little closer to mother earth."
"Inside, the Audi Q5 is a blend of comfort and tasteful style. Audi has established itself as a pace-setter in terms of interior design, and the Q5 is consistent with this tradition. The basic color scheme is black with wood and aluminum trim highlights. The bucket front seats aren't quite as sporty as those in the X3, but lateral support is respectable, power adjustability will satisfy a broad range of body types and driving positions, and the comfort quotient is high.
Cargo capacity is competitive in the context of this class, 29 cubic feet behind the rear seats, just over 57 with the rear seats folded forward. The fold-forward function can be achieved with a single touch, a unique and handy feature that would be even better if the seats folded completely flat."
"As vehicles in this class go, the Audi has the look of an athlete, and its outstanding chassis rigidity, firm suspension tuning, excellent path accuracy, brisk responses, and powerful braking system deliver on the implied promise of the styling.
The steering is exceptionally tactile and linear, and the agility index is above average in a class with steadily escalating handling standards. Braking performance is smooth and strong, with firm pedal feel, good stopping distances, and no hint of fade in hard use.
Audi's 3.2 V6 delivers respectable punch, propelling this two-tonner to 60 mph in about 6.5 seconds. Top speed is electronically limited to 130 mph.
The 6-speed automatic is about average in terms of shift response time and smooth operation, although it's upstaged by the new 8-speed automatic in the 2.0 T. Still, the 3.2 has a high fun-to-drive index for a vehicle in this class, as well as all-day comfort, with a couple minor asterisks. For one, the suspension tuning can be a bit stiff on choppy pavement or washboard dirt roads, although the Audi Drive Select option can mitigate this phenomenon. In the same vein, a fair amount of noise can find its way into the cabin via the suspension on nasty surfaces, although the Q5 is otherwise a quiet operator."
"The Audi Q5 looks good, is quick on its feet, and provides a level of sporty luxury that's at the leading edge for its class. It's a vehicle that's likely to make its owner happy day in, day out, long hauls or short. The Q5 3.2 is considerably more expensive than the Q5 2.0T, and doesn't really deliver a big edge in performance. Also, the 2.0T's lower curb weight pays off in livelier responses and better fuel economy. More power is always attractive in a hefty vehicle, but it doesn't always justify the added expense.
Tony Swan filed this NewCarTestDrive.com report after his test drive of the Audi Q5 near Detroit."


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Q: Simulate click on DIV I am developing a desktop application in Delphi XE4 using TChromium component to display Google Voice webpage.
I need to start a call programmatically and I can't find a way to trigger the javascript code behind the button (it is a DIV) "CONNECT":

TChromium allows to execute javascript code and I already managed to simulate the click on "CALL" button using a javascript code that simulates the Key Event using the character "c" which display the panel. This works because Google Voice has shortcuts and "c" is a valid shortcut to start a call. Also with javascript I can set the number in the input field. My main problem is that I don't know how to simulate a click on "CONNECT":

As you can see, there is no ID, no onClick and there is no shortcut to trigger the Connect button.
I can get a reference to this DIV using the following code:
document.getElementById(":87.mi").children[0].children[0].children[5].children[1].children[0].children[0].children[0].children[1];

But it is not possible to trigger anything appending .click(). I assume it is because click() will trigger onClick method that it is not defined. Is there any way to know what javascript code executes when someone clicks over this div?
If the focus is in the "Number to call" input, I can press "TAB" to navigate to "Phone to call with", then to "Remember to choice" and finally to "Connect" where I can press Enter key to make it work also. I tried to use the same code as in the beginning to simulate the CALL button but this time with TAB (keycode 9 instead of 67) and it does not work as the focus does not move.
I tried to do it programmatically with delphi also using mouse_event, keybd_event, PostKeyExHWND, PostKeyEx32 and PostMessage with no results as the focus does not move away from "Number to call"
The only option that works by now is to move the mouse with delphi using SetCursorPos and simulate a click on that button calculating the coordinates but this will be my last option to choose as I would prefer a javascript code to do it.
Any suggestions are welcome!

A: I suggest the next solution.
In a javascript file that have to be imported from the view, put the next code:
$(".goog-button-base-content").click(function(){
  //CODE HERE
});

What you do here is that everytime that we pressed the div that has that class, you will start the logic inside "CODE HERE"
(Sorry for my bad english)
I hope be usefully. See you

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text:
Héctor Uzziel Lozano Melchor es un futbolista mexicano que juega de delantero. Debutó el 24 de septiembre de 2000 en un partido Monarcas Morelia 1-0 Toluca. En Primera División jugó 66 partidos, acumulando 2,147 minutos jugados y 5 goles anotados.

Clubs

 Club Toluca (2000 - 2007)
 Centro Atlético Fénix (2003)
 Real de Colima (2008 - 2009)
 Leones Negros de la Universidad de Guadalajara (2009)

Futbolistas de Jalisco
Futbolistas del Centro Atlético Fénix
Futbolistas del Deportivo Toluca Fútbol Club
Futbolistas de los Leones Negros de la Universidad de Guadalajara


"The decision to help an aging adult move out of a current home is a complex one — both emotionally and practically. Above all, you want your mother or father or another loved one to be safe and well. How can you feel more confident about whether circumstances suggest that he or she should no longer be living alone?
"Finding lots of mail scattered around raises concern about how bills, insurance and other matters are being managed.
To see the 11 signs and read the nextavenue.com article in its entirety, click here.


When actor Chris Evans appeared in Captain America First Avenger Leather Jacket he won the hearts of the viewers. Genuine leather has made the exterior cover of the attire. Relaxed viscose inner lining is added inside of the outfit. The snap tab collar is the attractive addition in the Captain America First Avenger Jacket. For the front opening, zip is given in Captain America First Avenger Jacket. Fix buckles are given at front and back. Blue, white and grey shades have made the attire gorgeous. White star is present in the middle of front and back. Four padded packs are present which increased charm of the garb. Two inside pockets are added for your ease. Long sleeves have zipper and snap tab cuffs.


text:
Q: Alternative for PHP linter Basically, php -l does not detect any syntax error, given this code:
<?php
date®;
?>

Obviously, it's an error when you execute it.
Is there any alternative or additional linter to use for PHP?
EDIT:
Thanks alot guys. Apparently it is a valid constant name, as the documentation suggests ([a-zA-Z_\x7f-\xff][a-zA-Z0-9_\x7f-\xff]*).

A: It only errors because you haven't a constant definition for date®
If, somewhere in another script file before an include of your test file you have:
define('date®','Value');

this would be valid (albeit meaningless) and would run without error
So syntactically this file is valid, and a lint check duly reports it as such

A: What you are looking for is php_check_syntax (http://php.net/manual/en/function.php-check-syntax.php).
Let me correct my answer. It will not detect the latter code as an error (as noted in the comments, this isn't erroneous code). Though, you should stick with the latter function if you want to check file for errors.


text:
Fernando Meirelles Quotations
Fernando Meirelles
Fernando Ferreira Meirellesis a Brazilian film director, producer and screenwriter. His best known film is City of God, released in 2002 in Brazil and in 2003 in the U.S. by Miramax Films, which received international critical acclaim. For his work in the film, he was eventually nominated for an Academy Award for Best Director. He was also nominated for a Golden Globe Award for Best Director in 2005 for The Constant Gardener, which garnered the Academy Award for Best Supporting... (wikipedia)
Born in Brazil
↪ Born On November 9, 1955
↪ Profession Director Quotes
Approach Quotes
When we first saw the locations we would be using, we decided to use a different visual approach to each part of the story,
Impressed Quotes
She impressed me because she knew even more than me about the character.
Expose Quotes
I did want to expose the pharmaceutical industry a bit, ... The industry promotes itself very well. I think the film helps people see it in a different way, not through its press releases.
Lives Quotes
He does the right thing every day and lives by a code,
Decided Quotes
When we finished filming I had a political drama, a love story and a documentary. But the love story was so strong I decided to make it the axis of the film.
I think, in the next two or three years, we are going to see a lot of films set in Africa, or about Africa,
I think I was very lucky with this. Not only because they're good actors but because of their commitment. I was not expecting that level of commitment with stars.
Government Quotes
When I first read the script, the political side of the story really interested me. I was interested in talking about pharmaceutical companies, and how corporations and government work together,
Ask Quotes
We knew that we couldn't use lights and ask the boys to hit marks. Because they don't have the technique. They were not trained for that.
Became Quotes
But then, watching the whole film, it was like hearing my own voice - like the director preaching to the audience. So I started to cut and in the end, I think it became more of a love story.
We're supposed to capture what's in the air and give a form to it. The artist is like an antenna, always searching for new ideas and ways to express them.
Sometimes, you read a script, and you believe passionately that you must play this character. And I needed to show that passion to him, although I think I downplayed my passion a bit because I didn't want to scare him off. I didn't want him to think I was crazy enough to be a problem.
Average Quotes
Ralph deserves an award for this performance. He's so relaxed, so natural. We're used to seeing Ralph Fiennes as cold, rational. Here he's lighter. He brings a humanity to the role. He's played a lot of edgy characters. Here he plays an average character.
Africa Quotes
This plot in this film is based on this particular case in Nigeria -- but it's very usual to test drugs in Africa because it's less expensive for big companies, ... City of God.
Eventually Quotes
This is the sequel. Geography makes them seem separate, but eventually the connections between them will become clear.
Becomes Quotes
This is the part that I like most, in the process, is to edit and try to find (the story). Sometimes you think you have a film, and then you change something and it becomes different. It's a wonderful job. Because it surprises you.
Came Quotes
That little village that's raided in the film, it's just lost in the desert. There's nothing there. We came in and turned it into a big operation, like an al-Qaida training camp in the middle of the desert.
Areas Quotes
In 'City of God,' it was more complicated, because we were shooting in areas controlled by drug dealers, so we always had people around, boys with guns, ... It was sort of threatening, not totally relaxed. Kenya was more relaxed. There was no organized crime inside the slums, and we were well received.
Affects Quotes
In Kenya, the faces of the people, the colors, I wanted to bring as much of the landscape to the screen as I could, ... That's why I thought we should shoot in Kenya with a small crew - you just turn the camera around, and the real thing is happening here. If you do it big - lights, crew - you turn around and there's only crew, and it affects everything all around.
Country Quotes
No country. is as harsh as the world.
Developing Countries Quotes
I live in a developing country.
Talking Quotes
Is so interesting, is that when you're blindfolded and you're talking to somebody the conversation goes to places that it would never go if you could see the other person's reaction. You start talking about very intimate things. It's such an interesting experience.
Another Day Quotes
I knew I wouldn't have another day off for a while, so I needed to get to London immediately.
Thinking Quotes
The actors feel very free. The actor, he doesn't need to think about where the camera is, he just has to focus on what he's doing and forget the camera. The camera is never in the perfect position, and I think this is what keeps this feeling of reality. The frame is not perfect.
Continents Quotes
We forgot this continent for a long time - and now, finally Africa is being rediscovered.
Companies Quotes
The film deals with pharmaceutical companies using Africans as guinea-pigs,
Fernando Meirelles Fans Also Likes Quotations from
Steven Rodney McQueen
Richard King
Sam Taylor-Johnson
Sam Wood


Like a clear suit of armor, Genuine Toyota paint protection film helps guard your vehicle from road debris that can chip and scratch the finish.
Manufactured from durable, nearly invisible urethane film layers which contain UV protectants to help resist yellowing, the film is designed to help protect the front of the vehicle.
You don't want to see any crack or scratch in your lovely Toyota, that's why Toyota paint protection film is here. No matter how carefully you drive, it is inevitable that some rocks or particulate run into your car body, and furtherly cause the scratch, I know this is the least thing you want to happen. Use the paint protection film to decrease the damage to the minimum.
Paint Protection Film: The film helps protect the paint in the impact zone from sand, stones and other road debris. The film is made from multiple layers, including durable thermoplastic urethane and clear coast, which contain UV protectants to help prevent yellowing.
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Paint Protection Film ?C Fenders and Hood Extension: Genuine Toyota paint protection film helps guard your vehicle against road debris that can chip and scratch the finish. It is manufactured from durable, nearly invisible urethane film layers which contain UV protectants to help resist yellowing, the film is designed to help protect portions of the front of the vehicle.


ANN (Artificial Neural Networks) and SVM (Support Vector Machines) are two popular strategies for supervised machine learning and classification. It's not often clear which method is better for a particular project, and I'm certain the answer is always "it depends." Often, a combination of both along with Bayesian classification is used.
Support Vector Machine or Artificial Neural Network for text processing?
(2) ANNs often overfit if training goes on too long, meaning that for any given pattern, an ANN might start to consider the noise as part of the pattern.
SVMs don't suffer from either of these two problems. However, it's not readily apparent that SVMs are meant to be a total replacement for ANNs. So what specific advantage(s) does an ANN have over an SVM that might make it applicable for certain situations? I've listed specific advantages of an SVM over an ANN, now I'd like to see a list of ANN advantages (if any).
Judging from the examples you provide, I'm assuming that by ANNs, you mean multilayer feed-forward networks (FF nets for short), such as multilayer perceptrons, because those are in direct competition with SVMs.
One specific benefit that these models have over SVMs is that their size is fixed: they are parametric models, while SVMs are non-parametric. That is, in an ANN you have a bunch of hidden layers with sizes h1 through hn depending on the number of features, plus bias parameters, and those make up your model. By contrast, an SVM (at least a kernelized one) consists of a set of support vectors, selected from the training set, with a weight for each. In the worst case, the number of support vectors is exactly the number of training samples (though that mainly occurs with small training sets or in degenerate cases) and in general its model size scales linearly. In natural language processing, SVM classifiers with tens of thousands of support vectors, each having hundreds of thousands of features, is not unheard of.
Also, online training of FF nets is very simple compared to online SVM fitting, and predicting can be quite a bit faster.
EDIT: all of the above pertains to the general case of kernelized SVMs. Linear SVM are a special case in that they are parametric and allow online learning with simple algorithms such as stochastic gradient descent.
One obvious advantage of artificial neural networks over support vector machines is that artificial neural networks may have any number of outputs, while support vector machines have only one. The most direct way to create an n-ary classifier with support vector machines is to create n support vector machines and train each of them one by one. On the other hand, an n-ary classifier with neural networks can be trained in one go. Additionally, the neural network will make more sense because it is one whole, whereas the support vector machines are isolated systems. This is especially useful if the outputs are inter-related.
For example, if the goal was to classify hand-written digits, ten support vector machines would do. Each support vector machine would recognize exactly one digit, and fail to recognize all others. Since each handwritten digit cannot be meant to hold more information than just its class, it makes no sense to try to solve this with an artificial neural network.
However, suppose the goal was to model a person's hormone balance (for several hormones) as a function of easily measured physiological factors such as time since last meal, heart rate, etc ... Since these factors are all inter-related, artificial neural network regression makes more sense than support vector machine regression.
One thing to note is that the two are actually very related. Linear SVMs are equivalent to single-layer NN's (i.e., perceptrons), and multi-layer NNs can be expressed in terms of SVMs. See here for some details.
If you want to use a kernel SVM you have to guess the kernel. However, ANNs are universal approximators with only guessing to be done is the width (approximation accuracy) and height (approximation efficiency). If you design the optimization problem correctly you do not over-fit (please see bibliography for over-fitting). It also depends on the training examples if they scan correctly and uniformly the search space. Width and depth discovery is the subject of integer programming.
and you draw examples and tests (x,y) with a distribution D on IxI.
Let me explain why, if you select aa such that the error is minimized, then for a rare set of values you have perfect fit. However, since they are rare the average is never 0. You want to minimize the second although you have a discrete approximation to D. And keep in mind that the support length is free.
One answer I'm missing here: Multi-layer perceptron is able to find relation between features. For example it is necessary in computer vision when a raw image is provided to the learning algorithm and now Sophisticated features are calculated. Essentially the intermediate levels can calculate new unknown features.
We should also consider that the SVM system can be applied directly to non-metric spaces, such as the set of labeled graphs or strings. In fact, the internal kernel function can be generalized properly to virtually any kind of input, provided that the positive definiteness requirement of the kernel is satisfied. On the other hand, to be able to use an ANN on a set of labeled graphs, explicit embedding procedures must be considered.
Not the answer you're looking for? Browse other questions tagged machine-learning neural-network classification svm or ask your own question.
What's the difference between ANN, SVM and KNN classifiers?
What is the relationship between bayesian and neural networks?
Torch, why is my artificial neural network predicting always zeros?


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Bongu Simelane
Merkel Staff
Uber Will Donate Over 300,000 Meals To Healthcare Workers
Uber is currently providing meals for first responders and health-care worker in the US as they work to help contain the spread of the coronavirus.
In an interview with Sqwuak Box Uber's CFO (Chief Financial Officer) Nelson Chai shared that the company is "going to deliver over 300,000 meals for health officials and first responders who are on the front line."
According to the ride-hailing company it will be looking to aid first responders and health-care workers due to its belief that the "work of medical and crisis response teams can be tireless, and the hours long," especially during a period such as the one we're encountering.
Uber is also working towards adding more outlets to its Uber Eats delivery list. As governments continue to enforce policies that demand the closure of restaurants, bars and other meeting areas Uber is hoping it can keep other businesses profitable and functional.
At this moment the United States has confirmed upwards of 3,800 cases and the deaths of 69 people due to the coronavirus.
Bongu Simelane is a versatile writer interested in providing you with honest and informative work. He is a crucial member of the Merkel and is responsible for creation and operation of the entire Merkel experience. All Merkel enthusiasts and users are invited to follow and connect with Mr. Simelane on LinkedIn, Facebook, as well as Instagram to get to know him further and communicate with him.
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