The legal principles emerging from the jurisprudence of the European Court of Human Rights on article 6 (3) (d) concerning the right to summon and examine witnesses

Abstract

The object of this thesis is to examine the legal principles emerging from the jurisprudence of the European Court of Human Rights (ECtHR) on Article 6(3) (d) concerning the right to summon and examine witnesses in Court. This right is invariably linked to the right to a fair hearing and so for a better understanding of Article 6(3) (d) the inherent principles of the right to a fair hearing are first examined. Subsequent chapters examine the rights of the defence to summon and examine witnesses. This is done in the light of the vast array of judgments of the ECtHR. In this respect, an analysis is made to see how the ECtHR has dealt with anonymous, vulnerable and absent witnesses. Landmark judgments are examined to highlight the disadvantages procured to the accused when the testimony of such witnesses is introduced. An attempt is then made to present a general picture of how these matters have been dealt with by the Maltese Courts, if at all. The main characteristics of the right to fair hearing, as well as the right to summon and examine witnesses, are examined in the light of Maltese jurisprudence. This thesis proceeds by examining the situation of those witnesses who are vulnerable and intimidated and have to be protected from cross-examination. Different witness protection measures and programmes are discussed in the light of recommendations of the Council of Europe and other instruments.