[ ] 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
Human Rights Case Digest – Brill
Published: Jan 1, 2002
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