THE PRINCIPLE OF „EQUALITY OF ARMS“ THROUGH THE PRISM OF ECtHR CASE MURTAZALIYEV v. RUSSIA (2018) – AN ERROSSING EXPANSION OF THE TEST OF OVERALL FAIRNESS?
THE PRINCIPLE OF „EQUALITY OF ARMS“ THROUGH THE PRISM OF ECtHR CASE MURTAZALIYEV v. RUSSIA (2018) – AN ERROSSING EXPANSION OF THE TEST OF OVERALL FAIRNESS?

Summary/Abstract: This article critically examines the application and implications of the principle of „equality of arms“ in the context of the European Court of Human Rights (ECtHR) decision in Murtazaliyev v. Russia (2018). The principle of „equality of arms“ is a cornerstone of the right to a fair trial under Article 6 of the European Convention on Human Rights (ECHR), ensuring that neither party in a legal proceeding is at a substantial disadvantage. The Murtazaliyev case represents a significant judicial foray into the nuances of this principle, particularly concerning the procedural equities between the defense and prosecution. This article argues that the Court’s reasoning in Murtazaliyev v. Russia potentially marks an erroneous expansion of the test of overall fairness, with far-reaching implications for the adjudication of future cases. The analysis focuses on the Court’s interpretation of evidentiary fairness, the balance of adversarial opportunities, and the procedural safeguards necessary to uphold the integrity of the judicial process. The decision is scrutinized for its adherence to established precedents and its impact on the jurisprudential landscape of the ECtHR. By dissecting the legal reasoning and the standards applied, this article highlights the challenges and potential pitfalls inherent in the evolving scope of „equality of arms“. The findings suggest that while the Court aims to enhance procedural justice, its approach in this case may inadvertently undermine the legal equilibrium it seeks to protect. This critical assessment calls for a reevaluation of the criteria for determining overall fairness to ensure that the principle of „equality of arms“ is consistently and coherently applied, thereby safeguarding the fundamental rights enshrined in the ECHR.

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