Experts have noted significant systemic issues during the examination of evidence in the Rotterdam Plus case at VAKS. Both the court and the defense repeatedly requested the prosecutor to clarify which aspects of the accusation were supported by the evidence presented, what significance each piece of evidence held, and how individual documents combined into the overall framework of the charges.
Legal experts emphasized the need for additional clarifications from the prosecution during hearings held on May 25 and 29, June 2 and 3, and July 15 and 17.
Observers believe that the continuous requirement for the prosecution to clarify its position during the trial directly impacts the effectiveness of the right to defense. Defense attorneys must clearly understand the factual claims that underpin the accusations and the evidence substantiating them.
“Experts remind that the right to detailed information about the nature and grounds of the accusation is guaranteed by subparagraph ‘a’ of paragraph 3 of Article 6 of the Convention. Furthermore, the burden of proving guilt beyond reasonable doubt rests with the prosecution. According to the European Court of Human Rights, any reasonable doubts regarding the consistency of the evidential structure cannot be interpreted to the detriment of the accused (principle in dubio pro reo),” the agency reported.
The mission concluded that the systematic need to address the prosecutor for clarifications may limit the defense’s actual ability to effectively counter the prosecution’s arguments.
Context
- The “Rotterdam Plus” formula was used to calculate coal prices for forecasting electricity costs exclusively for industrial consumers from 2016 to 2019. It included adding the cost of delivering coal from the Amsterdam-Rotterdam-Antwerp hubs for all coal. The formula was abolished on July 1, 2019, with the introduction of the electricity market. A criminal investigation was opened in connection with the introduction of the formula, and the pre-trial investigation has been ongoing since 2017.
