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Case law

ECtHR, Murtazaliyeva v. Russia

May 2017 - Russia

The applicant had been convicted of preparing an explosion, inciting others to commit terrorism and carrying explosives. The conviction was based on forensic examination reports, transcripts of the police
surveillance videotapes recorded at her flat and statements made by her flatmates in open court.
The applicant complained that the overall fairness of the criminal proceedings against her had been undermined because she had not been able to see or effectively examine the surveillance videotapes shown during the hearing on her case as she could not see the video screen in the courtroom. She relied on Article 6(1) and (3) (b) and (d).
In the Court’s view, watching the videotapes was not strictly necessary in order to confirm the authenticity of the transcript. It observed that the applicant did not complain before the domestic courts or before the Court that the quality of the audio recordings had been poor, that she or her lawyers had not been able to hear them or that they had not been authentic. The Court found the applicant was not placed at a serious disadvantage vis-à-vis the prosecution in respect of the viewing and examination of the surveillance videotapes and that there had been no violation of Article 6(1) and (3) (b) of the Convention.

You can read the full judgment here.

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