Communicated on 15 September 2020
Published on 5 October 2020
THIRD SECTION
Application no. 68725/16
Grigoris XENOFONTOS
against Cyprus
lodged on 21 November 2016
SUBJECT MATTER OF THE CASE
The application concerns the overall fairness of the criminal proceedings instigated against the applicant on 25 August 2010 in view of the use at the trial of evidence obtained from F.H., by granting the latter immunity from prosecution, as well as the length of the said proceedings (Article 6 § 1 of the Convention).
On 13 June 2013 the Assize Court of Nicosia found the applicant guilty of, inter alia, premeditated murder and sentenced him to life imprisonment (criminal case αρ. 19325/10). On 14 June 2013 the applicant filed an appeal with the Supreme Court (αρ. 103/13) challenging the Assize Court’s findings and the sentence imposed, which was dismissed on 6 June 2016.
QUESTIONS TO THE PARTIES
1. Did the applicant have a fair hearing, in accordance with Article 6 § 1 of the Convention? In particular, did the reliance by the courts convicting the applicant on evidence given by F.H. – a person who was granted immunity from prosecution by means of a plea bargain - affect the fairness of the proceedings? Was the applicant’s conviction based solely or to a decisive degree on that evidence? Were there sufficient counterbalancing elements, including adequate procedural safeguards, permitting a fair and proper assessment of the reliability of that evidence (see, mutatis mutandis, Adamčo v. Slovakia, no. 45084/14, 12 November 2019)?
2. Was the length of the criminal proceedings in the present case in breach of the “reasonable time” requirement of Article 6 § 1 of the Convention?
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