Information Note on the Court’s case-law 65
June 2004
Cottin v. Belgium (dec.) - 48386/99
Decision 10.6.2004 [Section I]
Article 6
Criminal proceedings
Article 6-1
Fair hearing
Lack of adversarial procedure with regard to expert report ordered in criminal proceedings: admissible
The applicant was prosecuted for assault and battery, which the victim alleged had resulted in permanent incapacity for work. In an interlocutory judgment, the court of appeal ordered a unilateral expert medical assessment of the victim. The applicant was unable to attend the examination but had an opportunity during the hearing to criticise the expert report. The court of appeal relied on the medical report in ruling on the merits in the criminal proceedings. It sentenced the applicant to a term of imprisonment, which was suspended, and a fine. As the victim had joined the proceedings as a civil party, the court ordered a medical report for the purpose of determining the civil claims. Like those ordered by the civil courts, any such reports had to be prepared in compliance with the adversarial principle.
Admissible under Article 6 § 1 taken separately and in conjunction with Article 14.
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This summary by the Registry does not bind the Court.
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