Autor: Dana-Cristina BUNEA

Publicat în: Revista Pro Lege nr. 1/2020

Disponibil onlineaici

Use of the undercover investigators and collaborators in the criminal proceedings and the guarantees provided by art. 6 of the European Convention on Human Rights

Abstract: Reconfirming the principles stated in its jurisprudence, summarized in its Guide on article 6 of the European Convention on Human Rights – Right to a fair trial (criminal limb), in the session of 18 December 2018 the European Court of Human Rights approached in a unique manner two cases lodged against Romania in the same year 2009, by delivering two opposite judgments on the issue of entrapment by undercover agents and their collaborators on persons suspected for drug trafficking and then convicted for this offence. To render these two judgments, the Court applied the principles to the circumstances of fact of each case, assessing on one hand, whether there was an arguable complaint that the applicant was subjected to incitement by the State authorities to prepare or to commit the offence, and on the other hand, whether the national court examined in detail the applicant’s plea of entrapment. Accordingly, the Court held that there was a violation of article 6 of the Convention in one case and no violation of the Convention in the second case.

Keywords: Court, Convention, undercover agents, collaborators/informants, safeguards, fair trial, entrapment, incitement, initiative, passive manner, tranzaction, drug trafficking, criminal offence, hearing, witness, evidence, national court