Information Note on the Court’s case-law 65

June 2004

Cottin v. Belgium (dec.) - 48386/99

Decision 10.6.2004 [Section I]

Article 6

Criminal proceedings

Article 6-1

Fair hearing

Lack of adversarial procedure with regard to expert report ordered in criminal proceedings: admissible

The applicant was prosecuted for assault and battery, which the victim alleged had resulted in permanent incapacity for work. In an inte rlocutory judgment, the court of appeal ordered a unilateral expert medical assessment of the victim. The applicant was unable to attend the examination but had an opportunity during the hearing to criticise the expert report. The court of appeal relied on the medical report in ruling on the merits in the criminal proceedings. It sentenced the applicant to a term of imprisonment, which was suspended, and a fine. As the victim had joined the proceedings as a civil party, the court ordered a medical report fo r the purpose of determining the civil claims. Like those ordered by the civil courts, any such reports had to be prepared in compliance with the adversarial principle.

Admissible under Article 6 § 1 taken separately and in conjunction with Article 14.

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

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