Information Note on the Court’s case-law 28

March 2001

Solakov v. "the former Yugoslav Republic of Macedonia" (dec.) - 47023/99

Decision 25.1.2001 [Section II]

Article 6

Article 6-3-d

Examination of witnesses

Absence of opportunity to cross-examine witnesses serving prison sentences abroad: admissible

The applicant was arrested on suspicion of having smuggled drugs into the United States. The investigating judge decided that several witnesses who were serving prison sentences in the United States should be heard. A hearing was scheduled there, and the applicant’s lawyer was informed of it. The American authorities, however, did not provide the lawyer with the nece ssary visa to enter the country. The applicant appointed another lawyer, who was summoned to attend the hearing in the United States. However, according to the investigating judge, the lawyer declared that there was no need for him to be present at the int errogation of the witnesses and that he could not afford to travel to the United States. Consequently, the witnesses were heard by the investigating judge together with the public prosecutor but in the lawyer’s absence. The witnesses unequivocally accused the applicant of having set up the whole drug trafficking operation. As they were unable to attend the subsequent public hearing in the Former Yugoslav Republic of Macedonia, transcriptions of their testimonies were read out in open court. The applicant wa s eventually found guilty and sentenced to imprisonment. His appeals were rejected.

Admissible under Article 6 § 1 and  § 3 (d).

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

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