Communicated on 23 March 2020
Published on 18 May 2020
FOURTH SECTION
Application no. 1250/15
Nicolae BOLMANDÎR and Others
against Romania
lodged on 17 December 2014
SUBJECT MATTER OF THE CASE
The application concerns the alleged unfairness of the proceedings against the applicants on account of the domestic courts’ failure to, respectively, overturn the second, third and fourth applicants’ acquittal without a direct assessment of the relevant evidence, and to give an(y) answer to the applicants’ appeal concerning the criminal limb in so far as essential evidence was adduced in the case only at the end of the proceedings, as well as concerning the civil limb.
QUESTIONS TO THE PARTIES
1. Did the applicants have a fair hearing in the determination of the criminal charges against them, in accordance with Article 6 § 1 of the Convention?
In particular, did the overturning by the appellate courts of the second, third and fourth applicants’ acquittal without a direct assessment of the evidence given by witnesses on whose statements they relied, impair the overall fairness of the proceedings?
2. Were the applicants afforded adequate time and facilities to prepare their defence, as required by Article 6 § 3 (b) of the Convention, in connection with the allegedly essential evidence (“volume VI”) which was taken to the file only at the end of the appeal stage of proceedings?
3. Did the applicants have a fair hearing in the determination of their civil obligations, in accordance with Article 6 § 1 of the Convention, in view of the fact that the appellate court has not given any reply to their arguments concerning the civil limb of the proceedings?
APPENDIX
List of 4 applicants
No.
Applicant’s name
Birth date
Nationality
Place of residence
1
Nicolae BOLMANDÎR
03/09/1976
Romanian
Constanţa
2
Daniel BALAN
21/03/1982
Romanian
Constanţa
3
Adrian BOLMANDÎR
15/08/1977
Romanian
Constanţa
4
Sorin CONDURACHE
29/03/1978
Romanian
Constanţa
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