Birutis and Others v. Lithuania

Birutis and Others v. Lithuania    [  ] BIRUTIS and OTHERS v. LITHUANIA Right to a fair trial – violation Article 6, Section 1 Right to examine witnesses – violation Article 6, Section 3(d) The third applicant had been convicted solely on the basis of anonymous evidence. As the Convention effectively prohibits a conviction based solely on anonymous evidence, the third applicant’s defence rights and his right to a fair trial had been violated in this respect. The courts’ failure to question anonymous witnesses, and to conduct a scrutiny of the manner and circumstances in which the anony- mous statements had been obtained, had been unacceptable from the point of view of the first and the second applicants’ defence rights and their right to a fair trial. In a judgment delivered on  March  in the case of Birutis and Others v. Lithuania , the European Court of Human Rights unanimously held that there had been a violation of Article  , Sections  (right to a fair trial) and  (d) (right to examine witnesses) of the European Convention on Human Rights. The Court was not required to rule under Article  (just satisfaction) of the Convention. This http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png Human Rights Case Digest Brill

Birutis and Others v. Lithuania

Human Rights Case Digest , Volume 13 (3-4): 295 – Jan 1, 2002

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Publisher
Martinus Nijhoff
Copyright
© 2002 Koninklijke Brill NV, Leiden, The Netherlands
ISSN
0965-934X
eISSN
1571-8131
D.O.I.
10.1163/157181302761416232
Publisher site
See Article on Publisher Site

Abstract

   [  ] BIRUTIS and OTHERS v. LITHUANIA Right to a fair trial – violation Article 6, Section 1 Right to examine witnesses – violation Article 6, Section 3(d) The third applicant had been convicted solely on the basis of anonymous evidence. As the Convention effectively prohibits a conviction based solely on anonymous evidence, the third applicant’s defence rights and his right to a fair trial had been violated in this respect. The courts’ failure to question anonymous witnesses, and to conduct a scrutiny of the manner and circumstances in which the anony- mous statements had been obtained, had been unacceptable from the point of view of the first and the second applicants’ defence rights and their right to a fair trial. In a judgment delivered on  March  in the case of Birutis and Others v. Lithuania , the European Court of Human Rights unanimously held that there had been a violation of Article  , Sections  (right to a fair trial) and  (d) (right to examine witnesses) of the European Convention on Human Rights. The Court was not required to rule under Article  (just satisfaction) of the Convention. This

Journal

Human Rights Case DigestBrill

Published: Jan 1, 2002

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