Kernrechtsfrage
Whether using Y.'s investigative statement without later confrontation violated fair-trial rights under the ECHR and arbitrariness rules.
Extrahierter Entscheid
No. The witness was unreachable after being removed to Pakistan; the statement could be used because the accused could comment on it, it was carefully assessed, and it was not the sole or decisive evidence.
Extrahierte Begründung
The court applied the rule that prior statements may be used exceptionally when confrontation has become impossible for durable reasons, provided the defense can respond and other evidence corroborates them.