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Mr P, Constitutional complaint decision, 2 BvR 107/18, ILDC 2880 (DE 2018), 26th February 2018, Germany; Constitutional Court [BVerfG]

From: Oxford Public International Law (http://opil.ouplaw.com). (c) Oxford University Press, 2015. All Rights Reserved.date: 08 August 2020

Whether criminal proceedings conducted without the possibility to cross-examine a witness violated the right of the accused to a fair trial.

Whether the right to confront witnesses under Article 6(3)(d) of the Convention for the Protection of Human Rights and Fundamental Freedoms was absolute or had to be balanced against the victim’s or witness’s interests.

Whether a violation of the right of confrontation could reach the level of severity necessary for the ‘flagrant denial of a fair trial’ test and thus constitute an obstacle to extradition.

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