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

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]