OT 16:53:32 07-06-2018
NS1651OT.002
ЕСПЧ - пресслужба

Решение на ЕСПЧ
по жалба от
България


Dear colleagues,

Today, the European Court of Human Rights has delivered its judgment on a Bulgarian case. No violation was found.

See the press release by the European Court in the bottom of the message, and the short abstract below.

No violation of the right to a fair trial of two individuals convicted of rape without an opportunity to question the victim

In today's Chamber judgment1 in the case of Dimitrov and Momin v. Bulgaria (application no. 35132/08) the European Court of Human Rights held, unanimously, that there had been:

no violation of Article 6 зз 1 and 3 (d) (right to a fair trial/right to question witnesses) of the European Convention on Human Rights.

The case concerned criminal proceedings leading to the conviction of Mr Dimitrov and Mr Momin for rape. The applicants complained of the admission, as the main evidence against them, of the statement made by the victim, whom they had been unable to question during the trial or the criminal investigation since she had died of cancer before the trial began.

The Court found in particular that the victim's death had constituted a strong reason for not hearing evidence from this witness during the trial and for admitting in evidence the statement she had made during the criminal investigation. The Court also noted that the applicants' conviction had been based on a body of evidence within which the victim's statement had not been an isolated element, and that the applicants had had adequate procedural safeguards to counterbalance the handicaps arising from the admission of the victim's statement and to ensure that the trial, judged as a whole, was fair.

Best
Tatiana Baeva

Tatiana BAEVA
Media Officer / Spokesperson
Directorate of Communications
Council of Europe
F-67075 Strasbourg Cedex
Tel: +33 3 88 41 21 41
Cell: +33 685 11 64 93
Fax: + 33 3 90 21 49 11
E-mail: Tatiana.BAEVA@coe.int
Website: www.coe.int
Twitter: @CoE, in Russian: @CoE_ru
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From: echrpress@echr.coe.int [mailto:echrpress@emailing.coe.int]
Sent: jeudi 7 juin 2018 10:24
To: BAEVA Tatiana
Subject: Judgments and decisions of 7 June 2018

T +33(0)390214208 www.echr.coe.int echrpress@echr.coe.int

07.06.2018
Judgments and decisions of 7 June 2018
The European Court of Human Rights has today notified in writing eight judgments and 55 decisions. (link)
Arrest and detention of rights activists on Molotov cocktail charges was in violation of their rights
Rashad Hasanov and Others v. Azerbaijan
No violation of the right to a fair trial of two individuals convicted of rape without an opportunity to question the victim
Dimitrov and Momin v. Bulgaria
Fatal shot fired at a fleeing vehicle: the use of force was not absolutely necessary
Toubache v. France
Courts' refusal to hear prisoner's cellmates in proceedings against him for breaking prison rules was unjustified
Kartvelishvili v. Georgia
Court rejects complaint about restrictions on the right to strike and compulsory arbitration
Association of Academics v. Iceland
Ireland's restrictions on mussels company were fair and in line with Convention
O'Sullivan McCarthy Mussel Development Ltd v. Ireland

The European Court of Human Rights was set up in Strasbourg by the Council of Europe Member States in 1959 to deal with alleged violations of the 1950 European Convention on Human Rights








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