20
EL HASKI v. BELGIUM JUDGMENT
statements be called to testify before the court to help establish the facts surrounding
the contested arrest dates and the circumstances in which declarations were made to
the police. The requests have been systematically rejected, however, on the basis that
the proposed testimonies did not relate directly to the alleged crimes.
Despite the persistent nature of allegations of torture or ill-treatment and secret
detention, the judicial authorities appear to have repeatedly dismissed these
allegations, without ordering investigations or medical examinations. Amnesty
International is not aware of a single case in which an investigation or medical
examination has been carried out. ...���
Amnesty International further observed that statements obtained by
torture or ill-treatment were often used in court as evidence to obtain
convictions, even though the accused generally retracted them in the
courtroom. It added that during their trials many accused challenged
evidence against them which had been taken from statements made by
others who had been arrested and detained by the security forces on similar
charges. Given the persistent allegations of statements being made to the
security forces under duress, defence lawyers had requested that those who
made statements be summoned to the court as witnesses in order to test the
veracity of their evidence. Such requests had, however, been denied by the
courts on a systematic basis.
THE LAW
...
II. ALLEGED VIOLATION OF ARTICLE 6 OF THE CONVENTION
58. The applicant complained that the domestic courts had principally
and essentially based his conviction for participation in a terrorist
organisation on evidence that was vitiated and obtained in conditions that
were incompatible with the requirements of the Convention. Alleging a
violation of his right to a fair trial, he relied on Article 6 of the Convention,
of which paragraphs 1 and 3 (d) read as follows:
“1. In the determination of his civil rights and obligations or of any criminal charge
against him, everyone is entitled to a fair and public hearing within a reasonable time
by an independent and impartial tribunal established by law. ...”
“3. Everyone charged with a criminal offence has the following minimum rights: ...
(d) to examine or have examined witnesses against him and to obtain the attendance
and examination of witnesses on his behalf under the same conditions as witnesses
against him; ...”
...
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