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Human rights

European Court of Human Rights Finds Violation of Fair Trial in Police Entrapment Case

Strategic Insights

— 1 min read

In a significant judgment delivered on 6 May 2025, the European Court of Human Rights (ECHR) found a violation of Article 6 § 1 of the Convention in the case of Raduk v. Serbia (Application no. 13696/23). The case concerned the alleged police entrapment of the applicant, Petar Raduk, a Serbian customs officer who was convicted of accepting a bribe.

The applicant had complained that his conviction was unfair because it was based on evidence obtained through police entrapment and that the domestic courts had inadequately addressed his plea of entrapment. The ECHR agreed with the applicant, finding that the procedural failures by the authorities in the undercover operation breached his right to a fair trial.

Key Takeaways:

  • The case concerned the alleged police entrapment of Petar Raduk, a Serbian customs officer who was convicted of accepting a bribe.
  • The ECHR found a violation of Article 6 § 1 of the Convention, which guarantees the right to a fair trial.
  • The procedural failures by the authorities in the undercover operation included the lack of judicial authorisation for the special investigative measures.
  • The domestic courts failed to address appropriately the allegations of police entrapment, and their findings were inadequate.
  • The ECHR held that the finding of a violation constitutes in itself sufficient just satisfaction for any non-pecuniary damage sustained by the applicant.

Statistics:

  • The ECHR delivered the judgment on 6 May 2025.
  • The applicant, Petar Raduk, was born in 1962 and lives in Zrenjanin, Serbia.
  • The case was lodged with the Court on 15 March 2023.
  • The ECHR declared the application admissible on 1 May 2025.
  • The applicant claimed €20,000 in respect of non-pecuniary damage.

Sources:

  • European Court of Human Rights. (2025, May 6). Raduk v. Serbia. Application no. 13696/23.
  • European Court of Human Rights. (2025, May 6). Case of Raduk v. Serbia.
  • European Court of Human Rights. (2025, May 6). Judgment of 6 May 2025.

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