Published on 4 May 2026
THIRD SECTION
Application no. 39168/25
Mihaly ŠAMU
against Slovenia
lodged on 10 December 2025
communicated on 16 April 2026
SUBJECT MATTER OF THE CASE
The case concerns the alleged lack of access to documents in minor offence proceedings against the applicant.
The applicant was fined 2,000 euros (EUR), for a minor road traffic offence by Družba za avtoceste v Republiki Sloveniji (DARS), a company operating and maintaining the national motorway and expressway network. In the subsequent judicial proceedings, the fine was reduced to 500 EUR. During the proceedings, the first-instance court appointed an expert, who obtained additional documentation from DARS. The applicant requested access to that documentation, arguing that he could not effectively defend himself without such access. His request was dismissed by the first-instance court. The second-instance court held that the applicant’s right to a fair trial had not been violated, as he had been able to comment on the expert’s opinion, and the subsequent supplements to it.
Relying on Article 6 of the Convention, the applicant complains that he did not have access to the documents on which the expert’s opinion was based and was therefore unable to acquaint himself with the evidence against him, in breach of his right to a fair trial.
QUESTION TO THE PARTIES
Did the applicant have a fair hearing in the determination of the criminal charge against him, in accordance with Article 6 § 1 of the Convention? In particular, was the principle of equality of arms respected as regards the refusal of the domestic courts to grant the applicant access to the prosecution documents (see Kartoyev and Others v. Russia, nos. 9418/13 and 2 others, §§ 69-73, 19 October 2021, with further references)?