Auszug aus EGMR, 23.05.2006 - 62390/00

Finding no indication that grossly unfair or arbitrary conclusions were drawn, and recalling that the admissibility and assessment of evidence are matters that fall to be decided primarily at the domestic level, the Court is satisfied that the criminal proceedings at issue, taken as a whole, were fair within the meaning of Article 6 of the Convention (see Jan C.R.R. Scheper v. the Netherlands (dec.), no. 39209/02, 5 April 2005).

Auszug aus EGMR, 23.05.2006 - 62390/00

Having regard to all materials used in evidence against the applicant, including his own statements made before the police, in particular as they were confirmed by the scene-of-crime reconstruction, the Court holds that the applicant's conviction cannot be said to have been based to any decisive extent on the statements given by D.G. to the police (see Van Mechelen and Others v. the Netherlands, judgment of 23 April 1997, Reports 1997-III, p. 713, § 63, and Verdam v. the Netherlands (dec.), no. 35253/97, 31 August 1999).

Auszug aus EGMR, 23.05.2006 - 62390/00

As to the notion of witness, the Court considers that, although D.G. did not testify at a court hearing, she should, for the purposes of Article 6 § 3 (d) of the Convention, be regarded as a witness - a term to be given an autonomous interpretation - because her statements, as recorded by the police, were used in evidence by the Riga Regional Court (see Asch v. Austria, judgment of 26 April 1991, Series A no. 203, p. 10, § 25).

Auszug aus EGMR, 23.05.2006 - 62390/00

It is normally for the national courts to decide whether it is necessary or advisable to hear a witness (see S.N. v. Sweden, no. 34209/96, § 44, ECHR 2002-V).