Europos Žmogaus Teisių Teismas
2006 m. spalio 5 d.
Facts
The applicant was sentenced to life imprisonment for serious mafia-related offences. At the appeal stage, he was not brought to the hearing room from the prison to attend the hearings, as he was subject to a restricted prison regime limiting his contacts with the outside world. Instead, he followed the hearings by means of an audiovisual link to the hearing room.
Complaint
The applicant complained that he had been forced to participate by videoconference in the appeal hearings.
Court’s ruling
The applicant’s participation in the hearings by video link had pursued legitimate aims under the Convention, namely the protection of public order, the prevention of crime, the protection of the rights to life, freedom and safety of witnesses and victims of offences, and compliance with the “reasonable time” requirement in judicial proceedings. The arrangements for the conduct of the appeal hearings had respected the rights of the defence. The applicant had been linked to the hearing room by videoconference, allowing him to see the persons present and hear what was being said. He had been seen and heard by the other parties, the judge and the witnesses. He had been able to make statements to the court and his right to communicate with his lawyer out of earshot of others had not been violated.
Thus, the Court ruled that there is no violation of Article 6.