Erkapic v. Croatia - 51198/08 - Legal Summary [2013] ECHR 470 (25 April 2013)

Erkapic v. Croatia - 51198/08 - Legal Summary [2013] ECHR 470 (25 April 2013)

Conviction based on pre-trial witness statements retracted at trial, without proper examination of allegations of unlawfulness, denied the applicant an effective opportunity to challenge the evidence, violating Article 6 § 1.

Citation
[2013] ECHR 470
Parties
Applicant: Erkapić; Respondent: Croatia
Jurisdiction
European Union
Judgment Date
25 April 2013
Procedural Posture
Criminal / Final Judgment
Outcome
violation of Article 6 § 1 (unanimous)
Legal Topics
Fair Trial, Admissibility of Evidence, Witness Statements
Criminal Law Human Rights Law Fair Trial Admissibility of Evidence Witness Statements

Case Brief

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Parties

Erkapić

Applicant

Croatia

Respondent

Procedural Posture

Criminal / Final Judgment

Legal Issues

  1. 1 Whether conviction based on pre-trial witness statements retracted at trial violates Article 6 § 1 (right to a fair hearing)

Ratio Decidendi

Conviction based on pre-trial witness statements retracted at trial, without proper examination of allegations of unlawfulness, denied the applicant an effective opportunity to challenge the evidence, violating Article 6 § 1.

Court Disposition

violation of Article 6 § 1 (unanimous)

Orders

  • EUR 1,500 awarded for non-pecuniary damage