Euroopa Inimõiguste Kohus
01.12.2009

Facts

The applicant, Mr. Jeronovičs, while he was held in prison after the conviction at the court of appeal, submitted an appeal on points of law in his criminal case. The court decided to hold an open hearing. He was given notice of the time and date of the hearing. Mr. Jeronovičs asked the prison administration to arrange his transfer to the hearing, however nothing was done regarding this request. 

Complaint

Mr. Jeronovičs complained that the prison authorities had prevented him from appearing at the Supreme Court hearing in his case in violation of his right to fair trial. 

Court's ruling

The Court found that Mr. Jeronovičs had not at any point waived his right to appear before the Supreme Court and had expressly requested the prison authorities to arrange for his transfer. Additionally, there was no lawyer representing Mr. Jeronovičs as well as his co-defendant was transferred to the hearing. Therefore the Court found a violation of the right to fair trial of Mr. Jeronovičs.