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“Meždunarodnoe pravosudie” (International Justice) Journal

№ 3(19) 2016. Maria Suchkova. Сase of Schatschaschwili v. Germany: development of the European Court of Human Rights approaches on the right to examine prosecution witnesses

Maria Suchkova - LL.M. (University of Essex, UK), practicing lawyer.

Сase of Schatschaschwili v. Germany: development of the European Court of Human Rights approaches on the right to examine prosecution witnesses

A commentary to judgment of Grand Chamber of the ECHR dated on 15 December 2015 (application no.9154/10)   

Abstract. In its judgment in the case Schatschaschwili v. Germany of 2015, the Grand Chamber of the European Court of Human Rights has clarified its approaches to the right to examine witnesses for the prosecution guaranteed by Article 6 §3(d) of the European Convention on Human Rights, and to the scope of the corresponding obligations of domestic courts in cases where the testimony of a prosecution witness is read out at trial. The Court has made an attempt to summarize and tackle the inconsistencies in its case-law following the Al-Khawaja and Tahery judgment, in which applying of the three-part test in cases of failure to secure the presence of a witness for the prosecution during trial was crystallized. In Schatschaschwili v. Germany the Court has clarified the relationship between the three steps of the Al-Khawaja test and adopted a flexible and nuanced approach to the interpretation of its criteria so as to allow taking into account various factors pertaining to the particular circumstances of each case in assessing the overall fairness of the proceedings. The judgment is also valuable for practical purposes as to be set out in great detail the standards to be applied by domestic courts in cases where it proves impossible to ensure the presence of a witness for the prosecution at trial.

Keywords: European Convention on Human Rights; European Court of Human Rights; right to examine witnesses; right to a fair trial; criminal justice.

Citation: Suchkova M. (2016) Delo Shachashvili protiv Germanii: Razvitie podkhodov Evropeyskogo Suda po pravam cheloveka o prave na dopros svideteley obvineniya: Kommentarii k postanovleniyu Bol'shoy Palaty ESPCH ot 15 de­kabrya 2015 goda (zhaloba no.9154/10) [Сase of Schatschaschwili v. Germany: development of the European Court of human rights approaches on the right to examine prosecution witnesses: A commentary to judgment of Grand Chamber of the ECHR dated on 15 December 2015 (application no.9154/10)]. Mezhdunarodnoe pravosudie, no.3, pp.3–9. (In Russian).

 

 
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