Case Law

The Case Law database provides access to the case-law of the European Court of Human Rights (Grand Chamber, Chamber and Committee judgments, decisions, communicated cases, advisory opinions and legal summaries from the Case-Law Information Note), the European Commission of Human Rights (decisions and reports), the Committee of Ministers (resolutions), and the Court of Justice of the European Union.


CASE DATE:
Thursday, 30 Jul 2015
STATE:
Ukraine
OUTCOME:
Violation of Article 6+6-3-c - Right to a fair trial (Article 6 - Criminal proceedings Article 6-1 - Fair hearing) (Article 6 - Right to a fair trial Article 6-3-c - Defence through legal assistance)
  • SUBJECT MATTER:

    (Art. 6) Right to a fair trial (Art. 6) Criminal proceedings (Art. 6-1) Fair hearing (Art. 6-3-C) Defence through legal assistance


    DETAIL:

    The applicant complained under Article 6 § 1 of the Convention that the Supreme Court, instead of referring the case to a trial court for fresh consideration, had reassessed the facts and evidence in his case, despite having no jurisdiction to do so. The applicant further complained under the same provision that his right to remain silent and his right to defence had been violated anew, given that the Supreme Court had excluded part of the evidence obtained in breach of these rights but had relied on other pieces of evidence obtained in the same manner. The applicant also complained under Article 6 § 3 (a-d) that the retrial had been conducted in his absence, that he had had no adequate facilities to prepare his defence as he had not been informed of the evidence on which the prosecution had intended to rely if his initial confessions had been excluded, and that the exclusion of some of the evidence from his case had changed the situation to the extent that it had required the witnesses to be re-questioned, but this had not been done.


    COURT:
    ECHR
    ARTICLE:
    6, 6+6-3-c, 6-1, 6-3-c

JUSTICIA European Rights Network