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Publication:[not yet received]
Title:Mirilashvili v. Russia
Application No:6293/04
Respondent:Russia
Referred by:
Date of reference by Commission:
Date of reference by State:
Date of Judgment:11-12-2008
Articles:6-1Conclusion:Violation of article 6-1
Keywords:FAIR TRIAL

Summary:
(Press release)
The applicant is a Russian and Israeli national who was born in 1960 and is currently serving a prison sentence in a correctional colony in the region of Orenburg (Russia) for organising the abduction of several people who had been implicated in the kidnapping of his father.

Relying on Article 6 §§ 1 and 3 (right to a fair trial), Mr Mirilashvili complained that he did not have a fair trial, notably with regard to the taking and examination of evidence by the domestic courts.

The Court concluded that the defence had been put at a serious disadvantage to the prosecution in respect of the examination of a very important part of the case file, notably certain material from a surveillance operation and written testimonies by several key witnesses. The Court therefore considered that the proceedings in question, taken as a whole, had not satisfied the requirements of a "fair hearing" and held unanimously that there had been a violation of Article 6 § 1.

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Last Modified: 13-01-2014 16:18:19 (Documentation SIM)