The right to examine witnesses - cases versus Macedonia in front of the European Court of Human Rights

Krstevska Savovska, Katerina and Malish Sazdovska, Marina and Todorovski, Ljupco (2018) The right to examine witnesses - cases versus Macedonia in front of the European Court of Human Rights. Thematic proceedings of the International scientific conference “Archibald Reiss Days”, I . Academy of Criminalistic and Police Studies - Belgrade, Belgrade, pp. 247-257. ISBN 978-86-7020-404-1, 978-86-7020-190-3

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Official URL: http://eskup.kpu.edu.rs/dar/issue/archive

Abstract

The right to a fair trial, as defined in the Article 6 of the European Convention for the Protection of Human Rights and Fundamental Freedoms, encompasses in itself the right of the person charged with a criminal offence to examine or to have examined witnesses against him and to obtain the attendance and examination of witnesses on his behalf under the same conditions as witnesses against him. Concerning the application of this right in the Macedonian legal practice, two cases are significant and should be a subject of analyses since the European Court of Human Rights (ECHR), ruled in two different ways. Namely, in the first case - Case of Papadakis v. the Republic of Macedonia, ECHR hold that there has been a violation of the Article 6 Paragraphs 1 and 3 (d) of the Convention, in respect of the applicant’s defence rights regarding the examination of the undercover witness heard at the hearing. On the contrary, in the second case, i.e. Dončev and Burgov v. the Republic of Macedonia, ECHR found that there was no violation of the same provisions. Having in mind the above, the paper shall give an overview of the circumstances of the both cases and shall detect the reasons why ECHR ruled in two different ways. Finally, the paper shall pay special attention to the old Law on Criminal Procedure concerning the examination of the protected witnesses.

Item Type: Book
Subjects: Scientific Fields (Frascati) > Social Sciences > Law
Scientific Fields (Frascati) > Social Sciences > Other social sciences
Divisions: Faculty of Security
Depositing User: Olivera Trajanova
Date Deposited: 09 Jun 2020 19:10
Last Modified: 09 Jun 2020 19:10
URI: http://eprints.uklo.edu.mk/id/eprint/5394

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