CEDH · CASELAW;CLIN;ENG — 19 février 1991

.s3ABFC313 { font-size:10pt } .sD4B5322E { margin-top:12pt; margin-bottom:12pt; text-align:justify } .sBB9EE52A { font-family:Arial } .sA241FE93 { margin-top:0pt; margin-bottom:18pt; text-align:justify; page-break-after:avoid; border-bottom:0.75pt solid #000000; padding-bottom:1pt } .s2EF62ED2 { margin-top:0pt; margin-bottom:0pt; font-size:12pt } .s4DDA3AA3 { font-family:Arial; font-weight:bold; font-style:italic } .s29100277 { font-family:Arial; font-weight:bold } .s32563E28 { margin-top:0pt; margin-bottom:0pt } .s8F2B0B1B { margin-top:12pt; margin-bottom:12pt; page-break-after:avoid; font-size:12pt } .s9FF10068 { margin-top:0pt; margin-bottom:12pt } .sEB86A30B { margin-top:0pt; margin-bottom:14pt; page-break-after:avoid } .sA36B60A1 { font-family:Arial; font-style:italic } .s5F48796F { margin-top:12pt; margin-bottom:0pt; text-align:justify } .s85F2E5C5 { width:30.44pt; display:inline-block } .sBDAE81C4 { width:27.67pt; display:inline-block } .s8B6C6D43 { margin-top:0pt; margin-bottom:0pt; border-bottom:1pt solid #000000; padding-bottom:1pt } .sDF790F1E { margin-top:12pt; margin-bottom:0pt; text-align:center } .s7ED160F0 { text-decoration:none } .s3DC36BA9 { font-family:Arial; text-decoration:underline; color:#0069d6 } Information Note on the Court’s case-law No. February 1991 Isgrò v. Italy - 11339/85 Judgment 19.2.1991 Article 6 Article 6-3-d Examination of witnesses Criminal conviction based in part on the statements made by a witness before an investigating judge and read out at the trial, the witness in question being "untraceable" (Articles 304 bis and 462, first paragraph, sub-paragraph 3, of the Code of Criminal Procedure): no violation [This summary is extracted from the Court’s official reports (Series A or Reports of Judgments and Decisions). Its formatting and structure may therefore differ from the Case-Law Information Note summaries.] I.   GOVERNMENT'S PRELIMINARY OBJECTIONS Non-exhaustion of domestic remedies: objection based on failure of applicant and his lawyer to challenge the reading out at the trial of the witness's statements – unfounded because remedy not sufficient and effective in this instance. Conclusion : objection dismissed (unanimously). Lack of status of victim: objection based on a fact also adduced to plead failure to exhaust domestic remedies, but objection not raised before Commission. Conclusion : estoppel (unanimously). II.   ARTICLE 6 §§ 1 AND 3 (D) OF THE CONVENTION Reiteration of Court's case-law on concept of "witness" and on production of evidence. In present case evidence did not disclose any negligence on the part of the national authorities in seeking to secure witness's appearance in court. The latter was not an anonymous witness – in particular he was questioned by the investigating judge, who organised a confrontation between him and the applicant, and with a co-accused – District Court and Court of Appeal did not base their decision solely on witness's statements, but also on other testimony and on the applicant's observations. Possibility for applicant's lawyer to challenge, during trial, accuracy of the witness's allegations and the latter's credibility – no limitation on the rights of the defence such as to deprive applicant of a fair trial. Conclusion : no violation of paragraph 3 (d) of Article 6, in conjunction with paragraph   1 (unanimously).   © Council of Europe/European Court of Human Rights This summary by the Registry does not bind the Court. Click here for the Case-Law Information Notes