Practice Relating to Rule 100. Fair Trial Guarantees
Section G. Examination of witnesses
In its judgment in the Hesammudin case in 2005, the Hague District Court of the Netherlands stated:
According to previous judgments of the European Court of Human Rights it must be possible at some stage in the proceedings to exercise the defence’s right to examination. However, using as evidence a statement for the prosecution, laid down in an official report, of a witness who has not been examined by the defence, is not unreservedly disallowed. In any case there is no unauthorized use when at some stage of the proceedings the defence has been given the opportunity to examine this witness … If the defence has not had this opportunity referred to and this statement is not supported in other items of evidence either, it is not allowed to use this statement for evidence pursuant to Article 6 ECHR [1950 European Convention on Human Rights].