Published on 7 April 2026
 
THIRD SECTION
Application no. 9140/24
Biljana SAULIĆ
against Serbia
lodged on 16 March 2024
communicated on 20 March 2026
SUBJECT MATTER OF THE CASE
The application concerns an alleged violation of the applicant’s right to participate effectively in minor offence proceedings which were brought against her.
On 28 May 2020 the applicant was convicted of two minor offences under the Road Traffic Safety Act and fined in the amount equivalent to approximately 1,700 euros in Serbian dinars. The unpaid portion of the fine was subsequently converted into a term of 45 days’ imprisonment, which the applicant served in full.
Relying on Article 6 §§ 1 and 3 (d) of the Convention, the applicant complains that the minor offence proceedings were not fair – in particular, that she was not given an opportunity to cross-examine the relevant witnesses in a public hearing. The applicant considers that her conviction was in fact based on this very testimony.
QUESTION TO THE PARTIES
Has there been a violation of Article 6 §§ 1 and 3 (d) of the Convention? In particular, were the guarantees of the right to a public hearing and the equality of arms, as well as the right to defend oneself and to cross-examine witnesses, as provided by the above provisions of the Convention, afforded to the applicant in the disputed proceedings (see Schatschaschwili v. Germany [GC], no. 9154/10, §§ 111-31, ECHR 2015; see also mutatis mutandis, Flisar v. Slovenia, no. 3127/09, § 33, 29 September 2011, with further references; Mesesnel v. Slovenia, no. 22163/08, §§ 34-40, 28 February 2013; and compare Lubarda and Milanov v. Serbia [Committee], nos. 6570/19 and 43604/19, §§ 11-19, 29 April 2025)?