S.N. v. Sweden,(34209/96) [2002] ECHR 546 (2 July 2002)
The text of this case can be found on the
European Court of Human Rights' HUDOC database.
Facts: The applicant was convicted of
having committed sexual acts with a child and sentenced to three months in
prison. Except for the statements made by the boy’s mother and teacher
concerning his behavior after the alleged acts, the only evidence in the case
was two police interviews with the boy.
Allegations: The applicant complained
that his rights guaranteed under Article 6 § 1 (right to a fair hearing) and §
3 (d) (right to examine witnesses) of the European Convention on Human Rights
had been violated.
Holding: No violation
Reasoning: The Court found that the trial was not unfair because counsel agreed to be absent from the second police interview and could have proposed other questions for the police to ask, and could have asked that the interview be videotaped. The Court concluded that the defendant had enough opportunity to challenge the victim's statements when the tapes of the police interrogation were presented. The fact that the sentence had been reduced was evidence that the national courts had considered the statements with care.
