Communicated on 22 June 2011 and 24 February 2016

FIFTH SECTION

Application no 59937/08 Roman Petrovych TIKHAK against Ukraine lodged on 28 November 2008

The facts and complaints in this case have been summarised in the Court ’ s Statement of facts and Questions to the parties , which is available in HUDOC.

QUESTIONS

1. Was the applicant ’ s conviction based solely or to a decisive degree on the statements of the victim absent from trial (see Al-Khawaja and Tahery v. the United Kingdom [GC], nos. 26766/05 and 22228/06, §§ 126-128, ECHR 2011)?

2. Having regard to the reading out of the absent victim ’ s pre-trial statements, was the overall fairness of the proceedings ensured by the domestic courts as prescribed by Article 6 § 1 of the Convention (see Al Khawaja and Tahery , cited above, §§ 144-47)? Having regard to the right “to examine or have examined witnesses again st him” as enshrined in Article 6 § 3 (d), was the applicant able to examine the victim absent at trial?

The Government are invited to submit a copy of the written minutes of the confrontation held between the applicant and Mr Yasochko .