Question juridique clé
Whether the appellant's right under Art. 6(3)(d) ECHR to confront witness E. was violated by the failure to hold a confrontation examination.
Solution extraite
Yes. E.'s statement was the decisive evidence on the contested point, and the authorities did not secure the required confrontation in time.
Motifs extraits
The right to question a decisive incriminating witness is a core safeguard. Since confrontation remained objectively possible and the authorities could have arranged it before E. was removed, the omission was attributable to the prosecution. The appellant therefore could not be convicted on that point without having had the chance to question E.