You have a right to question witnesses who testify against you and to have witnesses who testify in your favour called to the court. This opportunity has to be given for your defence and to the prosecutor under equal conditions.
You have a right to question not only witnesses, but also experts and victims who testify in your trial.
Admission and evaluation of witness statements
Relevance of the testimony
Witness testimony is evidence, therefore, like any other evidence it must be relevant to the case and obtained lawfully.
The court has an obligation to call only the witnesses whose testimony is relevant to your case. Therefore, if you want a certain witness to be called on your behalf, you have to explain to the court why you consider his/her testimony to be important for your case.
If you have given good reasons for inviting a witness to the court, but it has refused to call this witness, the court must provide reasons for such refusal. Witnesses for both parties have to be treated equally. Your rights will have been violated if the court has invited an important witness for the prosecution, but has refused to invite an equally important and relevant witness that you have proposed.
Reliability of the testimony
According to Slovenian law, the court must also assess the reliability of the testimony. In this assessment, the court can take into account all the other facts and circumstances of your case.
The court, at its discretion, assess the probative value of each statement and piece of evidence separately and in relation to other pieces of evidence together.
Absence of a witness
If a witness who has given testimony against you is not able to participate in the trial, there must be good reasons given for his/her absence. The fact that a certain witness is not present at the trial will not always violate your right to a fair trial. However, if the statement of a witness, who did not attend the trial and who you never had an opportunity to question, is at the basis of your conviction, this will likely result in a violation of your rights.
Where a witness is absent, state institutions must put in all reasonable efforts to find that witness and bring him/her to the court. If the witness cannot be found, in certain exceptional situations, the court can use an earlier statement of a witness in the trial. When using such a statement the court must make sure that it is sufficiently reliable and supported by other evidence. This standard is even higher if such a statement is decisive to your conviction.
Anonymous statements
In exceptional circumstances, anonymous witness statements can be used in your trial. The identity of the witness may be concealed if there are safety concerns or other sufficient reasons. However, even if the witness is anonymous, you must be able to challenge his/her testimony and its reliability. The court’s obligation to ensure such balance is much more important if the testimony of an anonymous witness is decisive to your case.