Information Note on the Court’s case-law 210

August-September 2017

Murtazaliyeva v. Russia (referral) - 36658/05

Judgment 9.5.2017 [Section III]

Article 6

Article 6-3-d

Examination of witnesses

Inability of defence in criminal proceedings to question witnesses: case referred to the Grand Chamber

Article 6-3-b

Adequate facilities

Alleged inability of defendant in criminal proceedings to examine surveillance v ideotapes used in evidence against her: case referred to the Grand Chamber

The applicant, an ethnic Chechen, was arrested and convicted of preparing an act of terrorism, inciting others to commit an act of terrorism, and carrying explosives. She was senten ced to nine years’ imprisonment, reduced to eight years and six months on appeal.

In the Convention proceedings, the applicant complained, in particular, that she had not been able to effectively examine the surveillance videotapes which had been used as e vidence against her in the domestic proceedings and that she had not been able to question a witness testifying on her behalf nor two attesting witnesses.

In a judgment of 9 May 2017 a Chamber of the Court held, unanimously, that there had been no violation of Article 6 §§ 1 and 3 (b); by four votes to three that there had been no violation of Article 6 §§ 1 and 3 (d) as regards the complaint concerning the absence of the witness testifying on her behalf; and by five votes to two that there had been no violation of Article 6 §§ 1 and 3 (d) as regards the two attesting witnesses. In the Court’s view the applicant’s conviction was based on abundant evidence aga inst her and the witness on her behalf was unlikely to have outweighed it or strengthened the applicant’s position. As regards the two attesting witnesses, the overall fairness of the trial had not been prejudiced and the applicant had been able to effecti vely present her case and the arguments in her defence.

On 18 September 2017 the case was referred to the Grand Chamber at the applicant’s request.

© Council of Europe/European Court of Human Rights This summary by the Registry does not bind the Court.

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