Ali Tahery, 36, was convicted in a British court in 2005 of stabbing a rival gang member. He was jailed for 10 years.
His lawyers appealed to the European Court of Human Rights, saying Tahery had never been able to confront the main witness against him in court. (That is guaranteed by the Constitution in the United States.)
The main witness had refused to attend court, fearing retaliation by Tahery’s gang. The prosecution then read a statement the witness had given police. But Tahery’s lawyers could never question the witness in court about the statement.
The European court ruled that violated Tahery’s rights and ordered that Britain pay him for having used the statement in court. The British judge had warned the jury about the dangers of relying on it because it could not be tested under cross-examination.