Communicated on 21 February 2018
FIRST SECTION
Applications nos. 13545/16 and 13572/16
Dejan NIKOLOV against the former Yugoslav Republic of Macedonia
and Trajan DJIDJEV against the former Yugoslav Republic of Macedonia
lodged on 5 March 2016 and 5 March 2016 respectively
SUBJECT MATTER OF THE CASE
The applicants are police officers in Gevgelija, a city near the border with Greece, which was a key point of entry for refugees during the refugee crisis.
The applications concern criminal proceedings in which the applicants were convicted of bribery (and sentenced to imprisonment) for having asked for 15 euros to be paid by every refugee in order to be provided with necessary documents to cross the territory of the respondent State. The money was to be handed over by certain M.D. and M.M. (both Syrian nationals), who represented a group of thirty refugees.
At an interview held in the presence of the public prosecutor and in the absence of the applicants and their representatives, M.D. and M.M. confirmed that the applicants demanded a bribe. After several unsuccessful attempts to secure the attendance of M.D. and M.M. at the trial and after they had become untraceable, the trial court admitted their statements into evidence and relied on them in finding the applicants guilty.
QUESTIONS tO THE PARTIES
Did the applicants have a fair hearing in the determination of the criminal charges against them, in accordance with Article 6 §§ 1 and 3 (d) of the Convention? In particular, was the admission of the pre-trial statements of M.D. and M.M. into evidence compatible with Article 6 § 3 (d) taken in conjunction with Article 6 § 1 of the Convention (see Schatschaschwili v. Germany [GC], no. 9154/10, §§ 100 - 131, ECHR 2015 and Trampevski v. the former Yugoslav Republic of Macedonia, no. 4570/07, §§ 42–50, 10 July 2012)?
APPENDIX
1. Application no 13545/16:
Dejan NIKOLOV is a Macedonian national who was born in 1976, lives in Gevgelija and is represented by K. Petkova.
2. Application no 13572/16
Trajan DJIDJEV is a Macedonian national who was born in 1972, lives in Gevgelija and is represented by D. Ajcev.
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