Information Note on the Court’s case-law 177

August-September 2014

Schatschaschwili v. Germany (referral) - 9154/10

Judgment 17.4.2014 [Section V]

Article 6

Article 6-3-d

Examination of witnesses

Inability to examine absent witnesses, whose testimonies carried considerable weight in applicant’s conviction: case referred to the Grand Chamber

The applicant was convicted of two counts of aggravated robbery in con junction with aggravated extortion and sentenced to nine and a half years’ imprisonment. As regards one of the offences, the trial court relied in particular on witness statements made by the two victims of the crime to the police at the pre-trial stage. T he statements were read out at the trial as the two witnesses had left Germany and refused to testify as they continued to be traumatised by the crime.

In a judgment of 17 April 2014 a Chamber of the Court found, by five votes to two, that there had been n o violation of the applicant’s rights under Article 6 § 1 read in conjunction with Article 6 § 3 (d) of the Convention.

On 8 September 2014 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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