Information Note on the Court’s case-law 19
June 2000
P.S. v. Germany (dec.) - 33900/96
Decision 6.6.2000 [Section IV]
Article 6
Article 6-3-d
Examination of witnesses
No questioning of the victim in proceedings concerning sexual abuse: admissible
The applicant was convicted of having sexually abused an 8-year old girl and given a suspended sentence of seven months’ imprisonment. The court relied on statements made by the girl’s mother and the police officer who heard her shortly after the incident. The court refused to call an expert to examine the veracity of the girl’s accusations as requested by the applicant and decided not to hear the girl herself, considering that the recollection of the event could have traumatising effects on her. The Regional Court dismissed the applicant’s appeal on the basis not only of the statements of the girl’s mother and the police officer but also of an expert opinion in which the girl’s credibility was established. In the light of the expert opinion, which stated that the girl’s state of health would deteriorate if she were to be heard, the court concluded that she should be considered as being a witness out of reach. The Court of Appeal dismissed the applicant’s appeal on points of law and the Federal Constitutional Court refused to entertain his constitutional complaint.
Admissible under Article 6 § 3 (d).
© Council of Europe/European Court of Human Rights
This summary by the Registry does not bind the Court.
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