The importance of examining witnesses for a fair trial
JUDGMENT
Asani v. ” the former Yugoslav Republic of Macedonia” 01.02.2018 (no. 27962/10)
SUMMARY
Complaint for the non-examination of key witnesses in a homicide trial. Sentenced by national courts for life imprisonment and appeal before the ECtHR. Violation of the right to a fair trial and the right to invite and witness witnesses. No reward for fair satisfaction.
PROVISIONS
Article 6§1
Article 6§3 (d)
PRINCIPAL FACTS
The applicants, Ramiz Asani and Naim Asani, are Macedonian nationals who were born in 1979 and 1984. They are currently serving life sentences.
The case concerned their complaint that they had been unable properly to cross-examine key witnesses at their trial and conviction for murder in 2008.
The applicants were arrested in 2007 after a shooting the previous year at a café in Skopje involving the use of machine guns. Three children were killed and six people were seriously injured. Two witnesses, given anonymity over fears for their safety, identified the applicants as the perpetrators, but the defence team was only allowed to submit written questions to them during the trial. The trial court also admitted an incriminating pre-trial statement from another key witness, who failed to appear at the trial despite being summoned. The trial court verdict of a life sentence handed down in June 2008 was upheld by the Skopje Court of Appeal and the Supreme Court.
The applicants relied 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.
THE DECISION OF THE COURT
Violation of Article 6 §§ 1 and 3 (d)
Just satisfaction: The Court dismissed the applicants’ claim for just satisfaction(echrcaselaw.com editing).
