ADOMAVIČIUS v. LITHUANIA
Doc ref: 17331/18 • ECHR ID: 001-194513
Document date: June 17, 2019
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Communicated on 17 June 2019
SECOND SECTION
Application no. 17331/18 Romas ADOMAVIÄŒIUS against Lithuania lodged on 4 April 2018
SUBJECT MATTER OF THE CASE
The application concerns the alleged unfairness of the criminal proceedings against the applicant, who asserts that he had been provoked to commit a crime by a private individual who had acted together with the officers of the Special Investigation Service. The applicant also submits that the officers of the Special Investigation Service had withheld from the courts or forged some of the details of the criminal file in order to disguise the provocation. The applicant further complains that, when finding him guilty, the courts had failed to properly examine the evidence obtained as a result of the criminal conduct simulation model, which had been unlawfully applied against him, and thus had wrongfully found him guilty.
QUESTIONS TO THE PARTIES
Did the applicant have a fair hearing in the determination of the criminal charge against him, in accordance with Article 6 § 1 of the Convention?
In particular, was the applicant incited to commit the offence of taking a bribe, for which he was sentenced by the domestic courts (see Ramanauskas v. Lithuania [GC], no. 74420/01 , § § 49-61, ECHR 2008, and Bannikova v. Russia , no. 18757/06, § 35-65, 4 November 2010, and the case-law cited therein ) ?
Which specific information incriminating the applicant the authorities possessed and relied on before authorising to employ the criminal conduct simulation model against the applicant? The Government are requested to provide basis of that information (documents, transcripts, etc.).
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