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|Publication:||[not yet received]|
|Title:||Mirilashvili v. Russia|
|Date of reference by Commission:|
|Date of reference by State:|
|Date of Judgment:||11-12-2008|
|Articles:||6-1||Conclusion:||Violation of article 6-1|
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.
|Last Modified: 13-01-2014 16:18:19 (Documentation SIM)