European Court of Human Rights - case of Isgrò v. Italy (1991) (excerpts)

European Court of Human Rights - case of Isgrò v. Italy (1991) (excerpts)

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34. All the evidence must normally be produced in the presence of the accused at a public hearing with a view to adversarial argument. However, the use as evidence of statements obtained at the pre-trial stage is not in itself inconsistent with paragraphs 3 (d) and 1 of Article 6 (art. 6-3-d, art. 6-1), provided the rights of the defence have been respected. As a rule, these rights require that the defendant be given an adequate and proper opportunity to challenge and question a witness against him, either when he was making his statements or at a later stage of the proceedings (see the Kostovski judgment of 20 November 1989, Series A no. 166, p. 20, para. 41, and the above-mentioned Delta judgment, Series A no. 191-A, p. 16, para. 36).