THIRD SECTION
DECISION
Application no. 12348/05
Andrey Aleksandrovich ARKHANGELSKIY against Russia
and 13 other applications
(see appended list)
The European Court of Human Rights (Third Section), sitting on 24 September 2019 as a Committee composed of:
Alena Poláčková, President,
Dmitry Dedov,
Gilberto Felici, judges,
and Stephen Phillips, Section Registrar,
Having regard to the above applications lodged on the various dates indicated in the appended table,
Having regard to the observations submitted by the respondent Government and the observations in reply submitted by the applicants,
Having deliberated, decides as follows:
THE FACTS
1. The applicants are Russian nationals living in various regions of the Russian Federation. Their personal details appear in the appended table.
2. The Russian Government ("the Government") were represented initially by Mr G. Matyushkin, the Representative of the Russian Federation to the European Court of Human Rights, and then by his successor in that office, Mr M. Galperin.
3. On various dates between 2004 and 2015 the applicants were criminally prosecuted and convicted of various offences under the Russian legislation in force. The particulars of the relevant domestic proceedings are presented in the appended table.
COMPLAINTS
4. The applicants complained under Article 6 §§ 1 and 3 (d) of the Convention that they were not provided an opportunity to examine during trial the prosecution witnesses and/or the witnesses on their behalf. They further submitted accessory complaints under Articles 3, 5, 6, 8, 13 of the Convention, as well as Article 4 of Protocol No. 7.
THE LAW
5. The Court considers that in accordance with Rule 42 § 1 of the Rules of Court, the applications listed in the appended table should be joined.
6. The respondent Government in their observations argued that applicants had had fair hearings in the determination of the criminal charges against them in accordance with Article 6 § 1 of the Convention. The applicants in their observations disagreed and maintained their complaints.
7. The Court, having regard in particular to the judgments in the cases Murtazaliyeva v. Russia [GC], no. 36658/05, 18 December 2018, Schatschaschwili v. Germany [GC], no. 9154/10, ECHR 2015, Zadumov v. Russia, no. 2257/12, 12 December 2017, Shumeyev and Others v. Russia (dec.), nos. 29474/07 and 3 others, 22 September 2015, Belaousof and Others v. Greece, no. 66296/01, 27 May 2004, Pélissier and Sassi v. France [GC], no. 25444/94, ECHR 1999 II, Sadak and Others v. Turkey (no. 1), nos. 29900/96 and 3 others, ECHR 2001 VIII, Yanechko v. Russia (dec.), no. 46603/11, 23 October 2018, has carefully examined the applications listed in the appended table, the arguments and the documents submitted by the parties.
8. Having regard to all of the available material the Court concludes that the applicants’ complaints are inadmissible within the meaning of Article 35 §§ 1 and 3 (a) of the Convention and therefore must be rejected in accordance with Article 35 § 4 of the Convention.
For these reasons, the Court, unanimously,
Decides to join the applications;
Declares the applications inadmissible.
Done in English and notified in writing on 17 October 2019.
Stephen PhillipsAlena Poláčková
RegistrarPresident
APPENDIX
No.
Application no.
Date of introduction
Applicant name
Date of birth
Place of residence
Represented by
Date of the trial and appeal courts’ judgments
Convicted of
Communicated issue under Article 6 of the Convention
12348/05
21/03/2005
Andrey Aleksandrovich ARKHANGELSKIY
14/06/1972
Kharp
Purovskiy District Court
of the Yamalo-Nenetskiy Region
11/06/2004
Yamalo-Nenetskiy Regional Court
28/10/2004
Presidium of the Yamalo-Nenetskiy Regional Court
21/07/2010
Purovskiy District Court
of the Yamalo-Nenetskiy Region
11/04/2011
Convicted of murder and theft
Absent prosecution witness Mr N.
Lack of legal assistance when making statement of surrender with confession
24297/06
26/04/2006
Sergey Konstantinovich GORBUNOV
14/08/1966
Vologda
Olga
DRUZHKOVA
Vologodskiy Town Court
of the Vologda Region
07/02/2006
Vologda Regional Court
21/03/2006
Convicted of forcible assertion of right in conspiracy
Absent prosecution witness
Mr Sh.
Reclassification of charges by the appeal court
12913/07
13/02/2007
Ayrat Pikovich CHEMOLTYNOV
07/09/1971
Omsk
Yekaterina
Viktorovna YEFREMOVA
Kirovskiy District Court
of Omsk
02/08/2006
Omsk Regional Court
28/09/2006
Convicted of infliction
of grievous bodily injuries that led to the victim’s death and light bodily injuries to other victims in conspiracy
Absent prosecution witnesses
Mr Ye., Mr L.
36776/08
24/06/2008
Sergey
Nikolayevich KUZNETSOV
05/07/1980
Saint-Petersburg
Vasiliy
Gennadyevich SHABANOV
Kalininskiy District Court
of
St Petersburg
17/03/2008
St Petersburg City Court
27/05/2008
Convicted of unlawful storage of drugs without the intention of their sale
Absent attesting witness
Mr V.
43546/09
20/04/2009
Vyacheslav Sergeyevich BYKOVSKIY
29/03/1958
Naryshkino
Orel Regional Court
19/06/2008
Supreme Court of Russia
19/11/2008
Convicted of participation in a criminal gang and multiple counts (around 30) of assaulted robbery in conspiracy
Absent prosecution witnesses
Mrs P., Mr K.
53588/09
19/12/2009
Denis Aleksandrovich KOKOSHNIKOV
17/10/1975
Tver
Moscovskiy District Court
of Tver
10/05/2012
Tver Regional Court
11/07/2012
Convicted of infliction
of grievous bodily injuries that led to the victim’s death
Absent prosecution witness
Mrs R.
67695/09
07/12/2009
Sergey
Leonidovich KAZNOV
03/02/1986
Norilsk
Anna
Vladimirovna BOYCHENYUK
Norilsk Town Court
of the Krasnoyarsk Region
03/04/2009
Krasnoyarsk Regional Court
22/09/2009
Supreme Court of the Russian Federation
28/05/2013
Convicted of several counts
of drug dealing in conspiracy
Absent prosecution witnesses
Mr T., Mr F., Mr R., Mr M., Mr S.
22830/10
21/06/2010
Aleksey
Vitalyevich BARANOV
10/07/1969
Moscow
Oksana
Vladimirovna PREOBRAZHENSKAYA
Taganskiy District Court
of Moscow
21/07/2009
Moscow City Court
13/01/2010
Convicted of abuse of power and attempted fraud in conspiracy
Absent prosecution witness
Mr B
69828/10
06/11/2010
Sergey
Nikolayevich BRYZGALOV
11/06/1974
Pangody
Yekaterina
Viktorovna YEFREMOVA
Oktaybrskiy District Court
of Krasnodar
14/05/2010
Krasnodar Regional Court
16/06/2010
Convicted of attempted drug dealing
Absent prosecution witness
Mr I.
71069/10
24/11/2010
Vladimir
Petrovich LYSENKO
17/08/1950
Moscow
Igor
Borisovich BUSHMANOV
Gagarinskiy District Court
of Moscow
05/03/2010
Moscow City Court
26/05/2010
Convicted of attempted fraud in conspiracy
Refusal to call a defence witness Mr G.
35443/11
25/05/2011
Ramil
Ayupovich AYDERKHANOV
13/02/1969
Koryazhma
Olga
Yuryevna MISHCHENKO
Nagatinskiy District Court
of Moscow
22/09/2010
Moscow City Court
01/12/2010
Convicted of sexual assault, battery and threat of murder
Absent prosecution witness
Ms G.
36511/11
07/04/2011
Aleksandr Vitalyevich SHAMAN
25/12/1985
St Petersburg
Ruslan
Vitalyevich OREKHOV
Dorogomilovskiy District Court of Moscow
08/07/2010
Moscow City Court
13/10/2010
Convicted of fraud in conspiracy
Absent prosecution witnesses
Ms D., Ms R., Ms K., Mr P., Mr K., Ms G.
17033/15
09/02/2015
Konstantin Anatolyevich GROMOV
10/06/1977
Kaliningrad
Moscow District Court
of Kaliningrad
17/10/2014
Kaliningrad Reginal Court
19/02/2015
Convicted of infliction
of grievous bodily injuries
Absent prosecution witnesses
Mr K. and Mr S.
Refusal to call a forensic expert Mr Sh. for examination at trial
30923/15
22/06/2015
Andrey
Ravilyevich AKHMETOV
15/03/1966
Penza
Oleg
DURIN
Zarechenskiy Town Court
of the Penza Region
16/10/2014
Penza Regional Court
14/01/2015
Convicted of abuse of power
Refusal to call a forensic expert Mrs M.
for examination at trial
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