Murtazaliyeva v. Russia: on the examination of witnesses and the “corrosive expansion” of the overall fairness test

On 18 December, the Grand Chamber of the European Court of Human Rights delivered its judgment in the case of Murtazaliyeva v. Russia, finding no violation of the right to a fair trial in a case concerning the conviction of a Chechen woman for terrorist offences.  The most significant aspect of the judgment concerns the applicant’s complaint that the domestic courts’ refusal to call two defence witnesses violated Article 6 § 1 and § 3 (d) of the Convention.[1] As the Strasbourg case law was underdeveloped in this area, this case provided an important opportunity for the Court to clarify Convention standards.  Unfortunately, in doing so, the Grand Chamber yet again expanded the scope of the “overall fairness of the proceedings” test under Article 6 § 1, which now also serves as the final benchmark in this area. In this blog post, it will be argued that the increasing recourse by the Court to this test risks depriving defendants of meaningful procedural protection. Continue reading