Last Updated on April 24, 2019 by LawEuro
Communicated on 13 February 2019
SECOND SECTION
Application no. 62041/09
Dursun SAZKAYA
against Turkey
lodged on 13 November 2009
SUBJECT MATTER OF THE CASE
The application concerns the alleged unfairness of the criminal proceedings against the applicant on account of his alleged inability to examine the co-accused, namely Y.A. in person before the trial court (for general principles see Al-Khawaja and Tahery v. the United Kingdom [GC], nos. 26766/05 and 22228/06, ECHR 2011 as refined in Schatschaschwili v. Germany [GC], no. 9154/10, §§ 107 and 118, ECHR 2015).
QUESTIONS tO THE PARTIES
1. Did the applicant have a fair hearing in the determination of the criminal charges against him in accordance with Article 6 § 1 of the Convention? In particular:
a) Was the applicant able to examine a certain co-accused, namely Y.A. as required by Article 6 § 3 (d) of the Convention? What steps did the domestic courts take to secure the attendance of Y.A.?
b) Was there a good reason for the non-attendance of Y.A. at the trial? Were the factual or legal grounds of such a reason reflected in the domestic courts’ judgments?
c) Did the statements of Y.A. serve as the sole or decisive evidence for the applicant’s conviction?
d) Did the domestic courts’ judgments indicate that they had approached the statements given by Y.A. with any specific caution?
e) Did the domestic courts provide the applicant with procedural safeguards aimed at compensating for the alleged lack of opportunity to directly examine Y.A. at the trial?
The Government are invited to submit copies of all the relevant documents concerning the applicant’s case, including but not limited to the minutes of all the hearings, the reasoned judgment of the trial court, the evidence listed therein, and the written submissions of the applicant and his lawyer throughout the proceedings.
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