EL HASKI v. BELGIUM JUDGMENT
5
1. Proceedings before the Brussels Criminal Court
25. The public prosecutor’s office set the case down for hearing on
3 November 2005 and then on 16 November 2005. The Criminal Court held
a total of twenty-five hearings, which lasted from 3 November 2005 to
16 February 2006, when it sentenced the applicant to seven years’
imprisonment and a fine of 2,500 euros (EUR). It also handed down prison
sentences and fines against eight of his co-defendants and acquitted the four
others.
26. Five of the co-defendants – including the applicant – lodged an
appeal, as did the Federal Prosecutor’s Office.
2. Proceedings before the Brussels Court of Appeal
(a) Judgment in absentia of 15 September 2006
27. The first hearing before the Brussels Court of Appeal was scheduled
for 26 April 2006. After briefly questioning the applicant about his identity
and the reason for his appeal, the President asked the Federal Prosecutor to
give a report on the case. The latter proceeded to read out a report on the
facts, extending to several dozen pages, which had been prepared by the
Federal Prosecutor’s office (even though, the applicant claimed, the usual
practice in Belgian criminal courts was for the report on the facts to be
presented by a judge of the Court of Appeal). The Court of Appeal
subsequently requested the public prosecutor to give his submissions,
without there having been any further examination of the applicant or of
witnesses.
In view of the voluminous nature of the case file (about a hundred
binders containing thousands of pages), the co-defendants submitted in
writing that the case should be adjourned until 1 September 2006. As the
Court of Appeal denied that request, four of them, including the applicant,
decided not to appear.
28. On 15 September 2006, ruling in absentia in respect of the four
defendants, the Court of Appeal varied the judgment of 16 February 2006
and sentenced the applicant to eight years’ imprisonment and a fine of
EUR 2,500. The applicant and two of his co-defendants applied to have the
judgment set aside.
(b) Judgment of 19 January 2007
29. Some ten hearings were held between 6 October and 10 November
2006 and on 19 January 2007 the Brussels Court of Appeal confirmed the
applicant’s guilt and his original sentence of seven years’ imprisonment and
a EUR 2,500 fine.