PRZYDZIAL v. POLAND - 15487/08 (Judgment (Merits and Just Satisfaction) : Court (Fourth Section)) French Text [2016] ECHR 451 (24 May 2016)

PRZYDZIAL v. POLAND - 15487/08 (Judgment (Merits and Just Satisfaction) : Court (Fourth Section)) French Text [2016] ECHR 451 (24 May 2016)

The Court found that the victim's absence was justified by serious medical reasons, her statements were not the sole or decisive evidence, and the applicant had adequate opportunity to challenge the evidence through other means, including cross-examination of the psychologist. The proceedings as a whole were fair...

Source-derived case information.

Citation
[2016] ECHR 451
Parties
Applicant: Radosław Przydział; Respondent: Republic of Poland
Jurisdiction
European Union
Procedural Posture
Application Under Article 34 ECHR / Judgment (merits and Just Satisfaction)
Outcome
Application dismissed; no violation found
Legal Topics
Right to a Fair Trial, Examination of Witnesses, Protection of Child Victims, Sexual Violence, Admissibility of Evidence
Criminal Law Human Rights Law Procedural Law Right to a Fair Trial Examination of Witnesses Protection of Child Victims Sexual Violence Admissibility of Evidence

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Parties

Radosław Przydział

Applicant

Republic of Poland

Respondent

Procedural Posture

Application Under Article 34 ECHR / Judgment (merits and Just Satisfaction)

  1. 1 Whether the applicant's inability to cross-examine the victim violated Article 6 §§ 1 and 3(d) ECHR
  2. 2 Whether the admission of pre-trial statements as evidence breached the right to a fair trial

Ratio Decidendi

The Court found that the victim's absence was justified by serious medical reasons, her statements were not the sole or decisive evidence, and the applicant had adequate opportunity to challenge the evidence through other means, including cross-examination of the psychologist. The proceedings as a whole were fair and did not violate Article 6 §§ 1 and 3(d) ECHR.

Court Disposition

Application dismissed; no violation found

Orders

  • The application is declared admissible.
  • There has been no violation of Article 6 §§ 1 and 3(d) of the Convention.