Alinea 32 Parket bij de Hoge Raad 6 juni 2006

"70. Turning to the facts of the instant case, the Court notes that the witnesses Mrs E. and Mrs F., who were heard before the courts, had both seen the applicant at the material time but had not seen the alleged acts. Mrs E. further gave evidence on the accounts of her son and nephew of the events on 10 May 1997. The other witnesses heard before the courts, the police officers X., Y. and Z., gave evidence on the manner in which statements had been taken from the four victims and on the manner in which the latter had been confronted with the applicant for identification purposes. In these circumstances, the Court considers that the statements given by A., B., C. and D. to the police, which was the only direct evidence of the facts held against the applicant, must be regarded as having been of a decisive importance for the courts' finding of the applicant's guilt, whereas neither at the stage of the investigation nor during the trial was the applicant given the opportunity to examine or have these victims examined. It must therefore be examined whether the applicant was provided with an adequate opportunity to exercise his defence rights within the meaning of Article 6 in respect of the evidence given by A., B., C. and D."

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