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Violations of Article 6
Alleged violation of Article 6, pars. 1, 2 and 3, of the Convention
The Applicants submit that the prosecutors' office and judiciary infringe their right to a fair trial, guaranteed by Article 6 of the Convention, which provides as follows:
Article 6 - Right to a fair trial
- In the determination of his civil rights and obligations or of any criminal charge against him, everyone is entitled to a fair and public hearing within a reasonable time by an independent and impartial tribunal established by law. Judgment shall be pronounced publicly but the press and public may be excluded from all or part of the trial in the interests of morals, public order or national security in a democratic society, where the interests of juveniles or the protection of the private life of the parties so require, or to the extent strictly necessary in the opinion of the court in special circumstances where publicity would prejudice the interests of justice.
- Everyone charged with a criminal offence shall be presumed innocent until proved guilty according to law.
- Everyone charged with a criminal offence has the following minimum rights:
- lit. a.)
to be informed promptly, in a language which he understands and in detail, of the nature and cause of the accusation against him - lit. b.)
to have adequate time and facilities for the preparation of his defense - lit. c.)
to defend himself in person or through legal assistance of his own choosing or, if he has not sufficient means to pay for legal assistance, to be given it free when the interests of justice so require - lit. d.)
to examine or have examined witnesses against him and to obtain the attendance and examination of witnesses on his behalf under the same conditions as witnesses against him - lit. e.)
to have the free assistance of an interpreter if he cannot understand or speak the language used in court
First of all it is to be mentioned that the above statement of facts, especially, the first part relating to the chronology of events that have taken place on 22 September 2005 and the involvement of both applicants, differs radically from the facts stated in the bill of indictment and the judgments based on it, where the real facts are so intentionally misrepresented that as soon as one gets familiarized with them their unreal nature becomes very clear. Instead of the bill of indictment and the judgments being based on the evidence of the case (testimony of witnesses, conclusions of experts, other uncontradicted evidence collected by investigation), it can be stated that the facts and proofs were impudently falsified. The applicants will try to demonstrate the truth of this statement by referring to relevant Annexes. It is normal to put the question: what is the basis for the prosecutor's bill of indictment? What is the basis for the judgments of all the instances? Can it be possible that only the defendant is able to reveal that the case against him or her was biased?
All following listed principles fall within Article 6, pars. 1, 2 and 3 lit “b”, “c” and “d”, of the European Convention, which have been violated with respect to both applicants.
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