Bylos santrauka

Saunders prieš Jungtinę Karalystę

Europos Žmogaus Teisių Teismas
1996 m. gruodžio 17 d.

The applicant, Mr Saunders, was questioned and compelled to testify against himself as the refusal to do so could result in the contempt of the court and imposition of fine or imprisonment. Prosecutor presented and referred the jury to the statements made by the applicant in the course of interviews to the State inspectors. The applicant was convicted of twelve counts in respect of conspiracy, false accounting and theft and received an overall prison sentence of five years.

The applicant contended that he was denied a fair trial in breach of Article 6 (1) of the Convention.

Court’s ruling
The Court recalled that right to fair trial includes also the right to silence and the right not to incriminate oneself. Since the statements were obtained compulsory from the applicant and were used in the subsequent criminal proceedings, the Court found that there has been an infringement of the right not to incriminate oneself. 

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