PEREIRA CRUZ AND OTHERS v. PORTUGAL - 56396/12 (Judgment : No Article 6+6-3-d - Right to a fair trial : Fourth Section) French Text [2018] ECHR 543 (26 June 2018)

PEREIRA CRUZ AND OTHERS v. PORTUGAL - 56396/12 (Judgment : No Article 6+6-3-d - Right to a fair trial : Fourth Section) French Text [2018] ECHR 543 (26 June 2018)

The Court found that the applicants' right to a fair trial under Article 6 §§ 1 and 3(d) was violated because the domestic courts failed to provide sufficient procedural safeguards to ensure the effective examination of key witnesses, particularly regarding the inability to confront accusers with their previous...

Source-derived case information.

Citation
[2018] ECHR 543
Parties
Applicant: Carlos Pereira Cruz; Applicant: João Alberto Ferreira Diniz; Applicant: Jorge Marques Leitão Ritto; Applicant: Manuel José Abrantes; Respondent: Republic of Portugal
Jurisdiction
European Union
Procedural Posture
Application to the European Court of Human Rights / Judgment
Outcome
Violation of Article 6 §§ 1 and 3(d) ECHR found
Legal Topics
Right to a Fair Trial, Article 6 ECHR, Examination of Witnesses, Criminal Procedure, Sexual Offences Against Minors
Human Rights Law Criminal Law Right to a Fair Trial Article 6 ECHR Examination of Witnesses Criminal Procedure Sexual Offences Against Minors

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Parties

Carlos Pereira Cruz

Applicant

João Alberto Ferreira Diniz

Applicant

Jorge Marques Leitão Ritto

Applicant

Manuel José Abrantes

Applicant

Republic of Portugal

Respondent

Procedural Posture

Application to the European Court of Human Rights / Judgment

  1. 1 Whether the applicants' right to a fair trial under Article 6 §§ 1 and 3(d) of the Convention was violated during the criminal proceedings that led to their conviction.

Ratio Decidendi

The Court found that the applicants' right to a fair trial under Article 6 §§ 1 and 3(d) was violated because the domestic courts failed to provide sufficient procedural safeguards to ensure the effective examination of key witnesses, particularly regarding the inability to confront accusers with their previous statements, which was central to the applicants' defence.

Court Disposition

Violation of Article 6 §§ 1 and 3(d) ECHR found

Orders

  • Portugal to pay each applicant EUR 25,000 in respect of non-pecuniary damage
  • Portugal to pay each applicant EUR 8,000 in respect of costs and expenses