In February 1998, Mr. Abdalwahab Guerni was contacted by an undercover police officer R. He was introduced to him through a police informant D. The undercover police officer R. asked to purchase drugs. On March 5th 1998, the applicant was arrested when delivering the drugs.

On November 18th 2003, the tribunal of Brugges convicted the applicant to 4 years in prison and to a fine. The applicant had argued that the covert operation was not authorized by law. On May 31th 2006, the appeal court of Gent rejected his appeal and his request to examine the prosecution witnesses R, D and the investigation judge. On 31th October 2006, the supreme court rejected his appeal.

On May 2nd 2007, the applicant submitted his case to the European Court of Human Rights arguing that his conviction was based on an entrapment and an illegal covert operation in violation of articles 8 and 6-1 of the Convention. He added that the investigation files were secret for the court in violation of article 6-1 and that he couldn’t examine the prosecution witnesses in violation of article 6-3-d).

On May 5th 2011, the application was communicated to the agent of the Belgium government with questions to be answered within 16 weeks. The applicant is represented by Mr. Hans Rieder (Gent) who didn’t reply our request for comments.

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