THIRD SECTION

Application no . 46435/09 Petros MAKEYAN and o thers against Armenia lodged on 26 August 200 9

QUESTION TO THE PARTIES

Did the use by the Shirak Regional Court of the pre-trial witness statements of witnesses K.H., L.M., S.V., L.Mel ., N.H., H.K. and L.S. as incriminatory evidence against the applicants violate the applicants ’ right to a fair trial, as guaranteed by Article 6 § 1 of the Convention, given that the above witnesses retracted their pre-trial witness statements when questioned before the same trial court?