On 11 December, the Committee of Ministers ended its supervision of the execution of the Keskin and Safsafi judgments, concerning violations of defendants’ rights under Article 6 §§ 1 and 3(d) of the European Convention. The cases pertained to the domestic courts’ refusal, for reasons not in line with the Court’s case-law, to allow defendants to cross-examine prosecution witnesses whose statements were used as evidence in criminal proceedings conducted between 2013 and 2019.
On 20 April 2021, the Dutch Supreme Court delivered a landmark judgment revising its case-law in this respect and aligning domestic practices with the European Convention and the Court’s case law. The amended case-law ensures that where a witness has made an incriminating statement, the defence’s interest in summoning and examining that witness is in principle presumed and therefore the defence cannot be required to further substantiate the interest. Defendants are thus granted the right to summon and cross-examine prosecution witnesses in future domestic court proceedings in line with the Court’s case-law.
