DI FEBO v. ITALY - 53729/15 (Judgment : Right to a fair trial : First Section Committee) French Text [2021] ECHR 538 (17 June 2021)

DI FEBO v. ITALY - 53729/15 (Judgment : Right to a fair trial : First Section Committee) French Text [2021] ECHR 538 (17 June 2021)

The appellate court's conviction of the applicant without directly hearing the decisive witness, whose credibility was central to the case, constituted a significant infringement of the defence rights and deprived the applicant of a fair trial under Article 6 § 1 ECHR.

Source-derived case information.

Citation
[2021] ECHR 538
Parties
Applicant: Guglielmo Di Febo; Respondent: Republic of Italy
Jurisdiction
European Union
Procedural Posture
Application Under Article 34 ECHR / Final Judgment
Outcome
violation found
Legal Topics
Right to a Fair Trial, Appeal Procedure, Assessment of Witness Credibility
Criminal Law Human Rights Law Right to a Fair Trial Appeal Procedure Assessment of Witness Credibility

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Parties

Guglielmo Di Febo

Applicant

Republic of Italy

Respondent

Procedural Posture

Application Under Article 34 ECHR / Final Judgment

  1. 1 Whether the applicant's right to a fair trial under Article 6 § 1 ECHR was violated by the appellate court convicting him without directly hearing the main prosecution witness

Ratio Decidendi

The appellate court's conviction of the applicant without directly hearing the decisive witness, whose credibility was central to the case, constituted a significant infringement of the defence rights and deprived the applicant of a fair trial under Article 6 § 1 ECHR.

Court Disposition

violation found

Orders

  • The respondent State must pay the applicant 6,500 EUR for non-pecuniary damage within three months, plus any applicable taxes.
  • Interest at the marginal lending facility rate of the European Central Bank plus three percentage points applies after three months until payment.