Advices and recommendations

Motivation of the Court The Court refers to the general principles governing the application method of art. 6 of the Convention on appeal proceedings, which it recalled in the case of Găitănaru versus Romania (paragraphs 26-28, 26th June 2012; see also Flueraș versus...

The applicant complained that the fairness of the criminal proceedings against him had been tainted owing to his alleged inability to confront and question the only eyewitness to the shooting of M.Ü., namely witness X, in person....

The Court notes from the outset the Government’s argument that the applicant had agreed to the reading out of the statements of the absent witnesses during the hearing.  The Court notes that indeed the applicant, who had been acquitted at first instance, did not...

Application of the principles In the present case, the applicant claimed that the criminal proceedings against him had been unfair on the grounds that the court had admitted into evidence the information extracted from K.G., a...

I.  Regarding the alleged infringement of art. 6 § 1 and § 3 lit. (c) of the Convention invoked on by the applicant, since his conviction was based on statements made shortly after his interpellation by the police and without the effective assistance of a lawyer,...

The Court’s assessment „(27)  Considering the content and scope of the search order, the Court notes that the prosecutor’s order of 6 April 2011 was drafted in broad terms referring to securing evidence, that is, the “leaflets with information about the salary of...

The Court’s assessment. General principles In deciding whether applicants have received a fair hearing the Court does not take the place of the domestic courts, who are in the best position to assess the evidence before them, establish facts and interpret domestic...