Session 5 hearsay tutorial reading list law m100 studocu. Strasbourgs ruling on hearsay evidence could change its relationship with uk. The grand chamber of the european court of human rights was asked to consider whether the hearsay provisions. The court must therefore ascertain whether there were procedural safeguards to counterbalance the constraints with which the applicants were confronted in the exercise of their defence rights in relation to the drivers examination see al khawaja and tahery v. The european court upheld the conviction of one appellant, imad al khawaja, and said that his right to a fair trial had not been breached.
This is not an example of the work produced by our essay writing service. The european court of human rights has decided not. Strasbourgs ruling on hearsay evidence could change its. Al khawaja and tahery v united kingdom 15 december 2011 read judgment the grand chamber of the european court of human rights has ruled today that convictions based on statements from witnesses who could not be cross examined in court did not. Key strasbourg ruling on hearsay evidence and judicial dialogue. Admissibility of hearsay evidencestatements in documents. On arrival at the hospital these entries are downloaded to the hospitals database, from. Al khawaja and tahery v united kingdom 15 december 2011 read judgment the grand chamber of the european court of human rights has ruled today that convictions based on statements from witnesses who could not be cross examined in court did not violate the applicants. Following a long hearing in april before five judges of the court of appeal, judgement was. The grand chamber of the european court of human rights. European court backs british judges over hearsay evidence.
As expected, given the judgment of the ecthr grand chamber in al khawaja and tahery v uk 2012 54 ehrr 807, the court of appeal has now quashed tahery s original conviction. Al khawaja and tahery v the united kingdom applications nos. Imad al khawaja, 55, was a consultant physician working in rehabilitative medicine at brighton general hospital. Mr tahery applied to the european court of human rights ecthr alleging that the judges decision to allow a statement to be read from an absent witness violated his rights under article 6 of the european convention of human rights echr. The grand chamber has previously set out specific guidance in assessing whether the use of such evidence complies with article 6. Hearsay rule case analysis al khawaja v uk law essay. The uksc was required to resolve an apparent direct conflict between the judgment of the european court of human rights in al khawaja and tahery v uk 2009 49 ehrr 1 and the decision of the court of appeal from which the appeal was brought, r v horncastle 2009 ewca crim 964. Testimonial statements, reliability, and the sole or decisive. After being shot, he fled ricks house in his car, driving to the gas. Ecthr and hearsay evidence, tahery wins, al khawaja loses. In al khawaja and tahery, the court distinguished the english court of appeals judgment in sellick, 39 noting that lack of confrontation may have been justified in that case because the witnesses were being kept from giving evidence through fear induced by the defendants. The european court of human rights has delivered an important ruling in al khawaja and tahery v united kingdom 2009 echr 110 that considerably restricts the extent to which hearsay evidence from dead or absent witnesses may be relied upon by the prosecution in criminal trials, without being found to infringe the defendants right to a fair. Imad alkhawaja, 55, was a consultant physician working in. The ambulance driver entered a note of the conversation on the ambulances computer, along with other details of vs condition.
In the long awaited grand chamber decision of al khawaja and tahery v united kingdom, decided shortly before christmas 15 december 2011, the challenge was to uk. Alkhawaja og tahery mod storbritannien, sagsnummer 26766. We would like to show you a description here but the site wont allow us. Echr cases won by uk government show flexibility of human rights.
Imagining a british bill of rights the constitution unit. Commission on a bill of rights uk government web archive. Tahery v the united kingdom echr bailii, 2009 echr 2676605, 2009 echr 110, 2676605, 2222806 each complainant said that in allowing hearsay evidence to be used against them at their trials, their article 6 human rights had been infringed. Use of hearsay evidence does not automatically prevent a fair trial, rules strasbourg.
The united kingdom judgment 1 in the case of alkhawaja and tahery v. During the trial, the jury, which returned unanimous guilty verdicts, heard that the 20yearold had felt violated and sick as al khawaja. Held that statements from witness who did not attend trial whose evidence was sole decisive basis for decision was not necessarily. Horncastle, al khawaja and tahery and the significance for hearsay evidence. Al khawaja as a necessary landmark for the sole and decisive rule on anonymous witnesses bibliography primary sources convention for the protection of. The past few years have seen much media attention paid to the socalled tension between decisions of the european court of human rights and the laws of the united kingdom. The united kingdom january 2009 concerning the admission of hearsay evidence under the provisions of section 116 of the criminal justice act 2003. R v ibrahim 2012 ewca crim 837 admissibility of untested. Ecthr and hearsay evidence, tahery wins, alkhawaja loses. Study 22 hearsay flashcards from gabrielcheung0906 on studyblue.
The decision was a direct attack on the provisions of the 2003 act. Members of the commission on a bill of rights 2012 you may reuse this information not including logos free of charge in any format or medium, under the terms of the open government licence. Al khawaja was jailed for 15 months for indecently assaulting the woman and 12 months for committing a similar offence against a 20yearold. The court did find that there were differences in approach. The other case was brought by ali tahery, 36, an iranian living in london. Horncastle was the first opportunity for the supreme court to comment on the judgment of the ecthr in al khawaja and tahery v united kingdom.
In alkhawaja and tahery v uk, a chamber of the court had ruled that article 6 would be breached if a conviction had been based solely or. The court considered recent cases concerning hearsay and article 6, especially the supreme courts ruling in horncastle 2010 2 ac 373 and the latest judgement by the grand chamber of the european court of human rights in al khawaja and tahery v the united kingdom 2011 echr 2127. In each of those applications statements had been admitted in. The european court of human rights has decided not to precipitate a crisis of authority between itself and the uk supreme court. Earlier this week, zainabs younger sister, maryam al khawaja, was sentenced in absentia to one year in jail for assaulting a policewoman. The grand chamber of the european court of human rights was asked to consider whether the hearsay provisions of the criminal justice act 2003 are compatible with the right to confront adverse witnesses under article 63d of the convention. Alkhawaja and tahery v united kingdom 15 december 2011 read judgment. Below i detail why i consider horncastle the most significant case of the uk supreme court to date. Maher v dpp 2006 ewhc 1271 admin r v bedi 2009 ewca crim 2943. Post al khawaja and tahery case solely and decisively relying on uncorroborated hearsay evidence is a violation of article 63 more recent ecthr cases confirm that the ecthr still finds the sole and decisive rule to be valid and confirm the analysis of the al khawaja and tahery. You can view samples of our professional work here.
Bad character and hearsay evidence corporate crime. The clash between strasbourg and the domestic courts was realised in the landmark decision of al khawaja and tahery v uk. Use of hearsay evidence does not automatically prevent a fair trial. Alkhawaja has been appealed by the united kingdom and the decision by the grand chamber a larger panel of judges which did not overturn the initial decision. Study lg4 hearsay flashcards from a dawg ks class online, or in brainscapes iphone or android app. Slightly late, but better than never the grand chamber of the european court of human rights last week heard the case of al khawaja and tahery v. In so submitting the appellants rely on a line of strasbourg cases, culminating in the decision of the fourth section of the european court of human rights the chamber, delivered on 20 january 2009, in the cases of al khawaja and tahery v united kingdom 2009 49 ehrr 1.