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Alena Poláčková, President, Dmitry Dedov, Jolien Schukking, judges, and Fatoş Aracı , Deputy Section Registrar ,
. Following the applicant ' s appeal, on 22 June 2007 the Military Court of the Third Circuit upheld his conviction in substance. As regards the applicant ' s argument that the trial court had failed to question five witnesses, the court noted that three of them had been ill and had been unable to attend the hearing. The court made no comment as regards the remaining two witnesses. It also dismissed as unsubstant iated the applicant ' s allegations concerning J udge R. , holding as follows:
"There is no evidence showing that [ J udge R.] discussed with anyone any issue relating to the [applicant ' s case]. Nor does the case file contain any material confirming the [applicant ' s] allegations that [ J udge R.] made statements in public about the verdict he was drafting ... The allegations made in the statements of appeal do not constitute such evidence either ."
" 1. In the determination of ... any criminal charge against him, everyone is entitled to a fair ... hearing ... by an independent and impartial tribunal established by law.
(d) to examine or have examined witnesses against him and to obtain the attendance and examination of witnesses on his behalf under the same conditions as witnesses against him[.]"
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