Information Note on the Court’s case-law No.
March 1998
Belziuk v. Poland - 23103/93
Judgment 25.3.1998
Article 6
Criminal proceedings
Article 6-1
Fair hearing
Article 6-3-c
Defence in person
Fairness of criminal appeal proceedings: 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.ARTICLE 6 §§ 1 AND 3 (C) OF THE CONVENTION
A.Government’s preliminary objections
1.Lack of jurisdiction ratione temporis
Central fact giving rise to applicant’s complaint took place after Poland accepted Court’s jurisdiction.
2.Failure to exhaust domestic remedies
Essence of applicant’s complaint was refusal of Regional Court to grant him leave to be present at appeal hearing to defend himself in person – domestic remedies exhausted in that respect.
Conclusion: objections dismissed (unanimously).
B.Merits of complaint
Regional Court empowered to consider questions of both fact and law – applicant intended to contest his conviction and adduce evidence – issues to be determined by Regional Court could not properly have been examined without direct assessment of evidence given by applicant in person – applicant’s interests not represented at appeal since no counsel present on his behalf – immaterial that he chose not to be legally represented – under Article 6 §§ 1 and 3 (c) he had right to be present at appeal and defend himself in person.
Prosecutor’s submissions before Regional Court directed at having applicant’s appeal dismissed – respect for principle of equality of arms and right to adversarial proceedings required that applicant be allowed to attend hearing and contest submissions of prosecutor.
Conclusion: violation (unanimously).
II.ARTICLE 50 OF THE CONVENTION
A.Non-pecuniary damage
Judgment in itself sufficient just satisfaction (unanimously).
B.Costs and expenses
Claim disallowed – specifications of costs claimed submitted too late – claim dismissed (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
Full & Egal Universal Law Academy