Communicated on 7 December 2020
Published on 11 January 2021
SECOND SECTION
Application no. 38151/16
Damir SARIĆ
against Serbia
lodged on 16 June 2016
SUBJECT MATTER OF THE CASE
The application concerns, under Article 6 § 1 of the Convention, the fairness of the criminal proceedings which were brought against the applicant. In the course of those proceedings the applicant was found guilty of having committed the crime of robbery and was sentenced accordingly. The applicant, however, maintains that, in so doing, the domestic courts used as the “key or rather the only evidence” against him: (i) a single witness whose statements had been obtained improperly and/or unlawfully; and (ii) the results of a subsequent identification procedure (prepoznavanje), involving the same witness, which had itself been carried out in breach of the relevant domestic legislation.
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, did the manner and the circumstances in which witness L.V.Š. had been heard and/or the way in which the identification procedure, involving the same witness, had been carried out render those proceedings unfair (see, mutatis mutandis, Laska and Lika v. Albania, nos. 12315/04 and 7605/04, § 66, 20 April 2010)?
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