Article 6 – Par. 3

δίκαιη δίκη

A conviction based on witness testimonies, who were not examined at the hearing violates the defendant’s right to a fair trial

JUDGMENT Asatryan v. Armenia 27-04-2017 (no. 3571/09) see here  SUMMARY  Examination of witnesses in the audience. The non-examination by the accused of the witnesseses deprived her of the right conferred by Article 6 § 3d of the ECHR (examination of witnesses in the trial) and given that the conviction in the criminal proceedings was based […]

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δίκαιη δίκη

Admission of evidence from absent and anonymous witnesses

JUDGMENT Bátěk and Others v. the Czech Republic (no. 54146/09) 12.01.2017 see here SUMMARY The applicants, customs officials, were convicted for abuse of powers and for acceptance of bribes. The case concerned the admission of evidence in their trial by anonymous witnesses and witnesses who were absent. The secret police agent used by the authorities […]

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Inability to make informed choice of lawyer undermined rights of the defence and fairness of proceedings as a whole

JUDGMENT Dvorski v. Croatia 20.10.15 (no.  25703/11) see here SUMMARY: The case concerned the refusal by the police to allow a lawyer hired by the applicant’s parents to represent him while he was being questioned at a police station on suspicion of multiple murder, armed robbery and arson. The applicant confessed to the offences after […]

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Absence of assigned counsel: Court of Cassation failed to ensure practical and effective respect for defence rights

JUDGMENT Vamvakas v. Greece 09.04.2015 (no. 2870/11) see here SUMMARY: The case concerned the unexplained absence of the applicant’s assigned counsel from a Court of Cassation hearing in the criminal proceedings against him. The Court found that the Court of Cassation had failed to ensure practical and effective respect for Mr Vamvakas’ defence rights. When […]

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The presence of a lawyer guarantor of the fair trial

JUDGMENT: A.T v. Luxembourg 09.04.2015 (no. 30460/13) see here SUMMARY: The case concerned the failure to provide A.T. with effective legal assistance after he was arrested under a European Arrest Warrant, during both the police interview and his first appearance before the investigating judge. The Court found in particular that, as regards the police interview, […]

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Use of anonymous witness testimony without measures to compensate for the handicaps caused to the defence by the lack of a direct confrontation with the witness

JUDGMENT: Balta and Demir v. Turkey 23.06.2105 (no. 48628/12) see here SUMMARY: The case concerned the applicants’ conviction for membership of an illegal organisation, on the basis of statements by an anonymous witness whom the applicants were unable to question at any stage of the proceedings. The Court observed that the applicants and their lawyers […]

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