CASE OF KASTELIC v. SLOVENIA
Violation of Article 6 - Right to a fair trial (Article 6 - Criminal proceedings;Article 6-1 - Fair hearing)
Ann Power-Forde;Helena Jäderblom
4. The applicant was born in 1962 and lives in Ljubljana. 5. 6. On 2 September 2009 the applicant stopped her car on the road in front of a school to let her children get out of the car. At that time, during a regular control, police officer S. found that the applicant had failed to use the seat-belt. The next day, the applicant allegedly approached S. and started insulting her. S. asked the applicant to follow her to the police station but the applicant refused to do so. Then S. requested the applicant to present her identity card which the applicant also refused to do. On the same day, S. issued a penalty notice against the applicant for not using the seat-belt, indecent behaviour, failure to comply with a public official’s lawful order and failure to submit identity papers. The fine amounted to 991.12 euros (EUR). 7. On 22 October 2009 the applicant filed a request for judicial review in which she submitted that on 3 September 2009 she was at home and she was not the person that S. dealt with. 8. On 15 September 2010 the Ljubljana Local Court heard S. According to the applicant, she was not informed of the hearing. 9. On 16 September 2010 the Local Court rejected the request for judicial review on the basis of S.’s statement. Moreover, it held that the applicant had failed to submit any evidence in support of her application. 10. On 11 October 2010 the applicant lodged a constitutional appeal challenging the Local Court’s findings of fact. Moreover, she complained that she had not been heard. 11. On 2 November 2010 the Constitutional Court rejected the applicant’s constitutional appeal as inadmissible.