Mr. D. Oddone announced on 17 October 2019 that the European Court of Human Rights ruled in his favor in the case brought against the Rep. of San Marino (the judgment can be accessed through hudoc d.base: http://hudoc.echr.coe.int/eng?i=001-196680).
The Strasbourg Court found violation of art.6(3)(d) of the European Convention of Human Rights in that domestic courts deprived the defendant of any chance to cross-examine the witnesses, namely two co-accused who rendered incriminating statements against the applicant.
San Marino has been orderd to pay just satisfaction to Mr. Oddone for the damages he suffered.
The judgment, delivered on 17 October 2019, highlights serious failures in domestic procedures, spanning from the inadequacy of San Marino’s criminal procedure legislation to more specific shortcomings occurred in the concerned case.
During a press conference in San Marino, today, Oddone’s counsels discussed the pronouncement:
- Avv. Stefano Pagliai, leading counsel, expressed deep stafisfaction and summarized the judgment, while announcing that Mr. Oddone will pursue any due step in order to implement the judgment;
- Avv. Achille Campagna, an international lawyer who joined the team after the case was communicated, commented on selected procedural issues the Court raised concerning San Marino’s legal system;
- Avv. Rossano Fabbri, a sanmarinese criminal defence lawyer who represented Oddone, focused on the renewed need for procedural safeguards in the sanmarinese system.
Mr. Oddone, a long-time journalist, while recalling the extreme suffering and distress caused by his case, held that what happened allowed him to understand the point of view of the many he writes about while reporting on judicial cases.