Relying in particular on Articles 3 (prohibition of inhuman or degrading treatment) and 6 (right to a fair trial), both applicants complained of having been ill-treated while in police custody, in May and December 1999 respectively, in order to extract their confessions to murdering two persons, and about the criminal proceedings against them having been unfair.
The Court found a violation of Article 6 (1) and (3) of the ECHR in respect of the 2nd applicant (Mr. Mezentsev). In doing so the Court stressed out that if a conviction is made upon the statements of a person that the accused had no opportunity to examine at some stage of proceedings, the rights of defense are automatically restricted, which amounts to a violation of Article 6’ s guarantees. The Court added that there is an obligation upon the authorities to make a reasonable effort to secure the presence of the witnesses to be examined.