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)
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 on these testimonies, the right to a fair trial was infringed.
PROVISION
Article 6 par. 1 and 3d.
PRINCIPAL FACTS
The applicant, Silva Asatryan, is an Armenian national who was born in 1960 and lived in Yerevan prior to her imprisonment. She complained that she had not had a fair hearing in criminal proceedings brought against her. In October 2007 she was convicted of attempted murder and sentenced to nine years’ imprisonment, in relation to a 2001 car-bomb attack. Ms Asatryan appealed the conviction, but she was ultimately unsuccessful. Relying in particular on Article 6 §§ 1 and 3 (d) (right to a fair trial and right to obtain attendance and examination of witnesses) of the European Convention on Human Rights, she complained that, when rejecting her appeal, the Criminal Court of Appeal had relied on pre-trial witness statements which had not been read out and examined in court at first instance or on appeal, and that she had had no opportunity to challenge the witnesses who had given them at any time during the proceedings.
THE DECISION OF THE COURT
Violation of Article 6 §§ 1 and 3 (d)
Just satisfaction: 2,400 euros (EUR) (non-pecuniary damage) and EUR 1,700 (costs and expenses)
