European Human Rights Grand Chamber Overturns Convictions for Use of Hearsay Evidence Where Defendant Had No Ability to Cross Examine Witnesses

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Sunday, April 1, 2012
Bruce Zagaris

On December 15, 2011, the European Court of Human Rights held that permitting the admission of a witness statement as evidence where the witness is not available for cross examination and that evidence is the sole or decisive basis for convicting the accused violates the right to a fair trial provided in articles 6 §1 and 6 § 3(d) of the European Convention on Human Rights.[1]

                [1]               Al-Khawaja and Tahery v. United Kingdom, Grand Chamber, European Court of Human Rights (Applications nos. 26766/05 and 22228/06), Jan. 20, 2012 ( (20 January 2009).sp?sessionId=85568443).