Постановление Европейского суда по правам человека от 04.03.2010 «Дело Хаметшин (Khametshin) против России» [англ.]

gs was the trial judge (see Timergaliyev v. Russia, No. 40631/02, § 59, 14 October 2008). It is true that, on 15 November 2002, noting the officers' absence, the trial judge enquired of the parties whether the officers' pre-trial statements could be admitted in evidence (see paragraph 13 of the judgment). But at the same time, as already mentioned, there is no indication that the judge apprised the applicant of his right to examine prosecution witnesses (see paragraph 5 above) and of the consequences of a waiver of this right. Nor did the judge explain the consequences of agreeing to the "reading out" of pre-trial statements.
10. In view of the above, we consider that the applicant cannot be considered to have waived his right to examine or have examined officers S. and A. in the criminal proceedings against him.
11. We would further observe that no proof was adduced to show that the national authorities had made every reasonable effort to provide the applicant with an effective opportunity to examine or have examined officers S. and A., whose testimony laid the foundations for the prosecution's case against the applicant. After the officers had failed to appear before the court on one occasion, it still remained possible to ensure their presence at the trial. Despite this, no effective measures were taken to bring them before the court.
12. Bearing in mind the importance of the officers' testimony and the authorities' failure to ensure their presence at the trial, we conclude that there has been a violation of Article 6 §§ 1 and 3 (d) of the Convention.






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