Communicated on 7 July 2020
Published on 27 July 2020
THIRD SECTION
Application no. 20353/18
Khamzat Aliyevich BAKHAYEV against Russia
and 2 other applications
(see list appended)
The applicants are Russian nationals. They stood trial on murder charges. The details pertaining to each application appear in the Appendix below.
On 28 February 2015 the Moscow City Investigative Committee opened a criminal investigation into the murder of a prominent opposition leader N.
In March 2015 the applicants were arrested and remanded in custody pending investigation and trial.
On an unspecified date the investigation was completed and the case was transferred to the Moscow Circuit Military Court for a jury trial.
During the trial the applicants were placed in a glass cabin.
On 2 March 2017 the presiding judge ordered the removal of the second and third applicants from the courtroom. They were allowed to return to take part in the closing arguments.
On 29 June 2017 the jury declared the defendants guilty.
On 13 July 2017 the Moscow Circuit Military Court sentenced the applicants to different terms of imprisonment and a fine. The applicants appealed.
On 10 October 2017 the Supreme Court of the Russian Federation upheld, in substance, the applicants’ conviction on appeal. The applicants took part in the proceedings via a video link. During the hearing they were held in a metal cage.
COMPLAINTS
The applicants complain under Article 6 §§ 1 and 3 (b) and (c) of the Convention that they were unable to participate effectively in the judicial proceedings because of their confinement in a glass cabin or a metal cage during the hearings and the excessively intensive schedule of those hearings and inhuman conditions of their transport to and from the courthouse.
The applicants (applications nos. 20936/18 and 21652/18) complain under Article 6 §§ 1 and 3 (c) and (d) of the Convention that they were removed from the courtroom during the trial.
The applicants (applications nos. 20936/18 and 21652/18) complain under Article 6 §§ 1 and 3 (c) of the Convention that the presiding judge admitted their confessions statements made in the absence of legal advice into evidence and read them out to the jury.
QUESTIONS
In the determination of the criminal charge against them, did the applicants have a fair hearing as required by Article 6 of the Convention? In particular,
(a) As regards the applicants’ confinement in a glass cabin and a metal cage during the trial and appeal proceedings, were they afforded adequate time and facilities to prepare their defence and to maintain confidential communication with their counsel, as required by Article 6 §§ 1 and 3 (b) and (c) of the Convention (see Yaroslav Belousov v. Russia, nos. 2653/13 and 60980/14, §§ 145-54, 4 October 2016, and Razvozzhayev v. Russia and Ukraine and Udaltsov v. Russia, nos. 75734/12 and 2 others, §§ 248-55, 19 November 2019)?
(b) As regards the applicants’ exclusion from the trial (applications nos. 20936/18 and 21652/18), were the applicants able to participate effectively in the criminal proceedings against them, as required by Article 6 §§ 1 and 3 (c) and (d) of the Convention (see Idalov v. Russia [GC], no. 5826/03, §§ 169-82, 22 May 2012)?
(c) As regards the presiding judge’s decision to admit the applicants’ confession statements made in the absence of legal advice into evidence and to read them out to the jury (applications nos. 20936/18 and 21652/18), was their right to be effectively defended by a lawyer respected as required by Article 6 §§ 1 and 3 (c) of the Convention (see Beuze v. Belgium [GC], no. 71409/10, §§ 119-50, 9 November 2018; Simeonovi v. Bulgaria [GC], no. 21980/04, §§ 110-20, 12 May 2017; and Ibrahim and Others v. the United Kingdom [GC], nos. 50541/08 and 3 others, §§ 249-74, 13 September 2016; and Mamolina v. Russia [Committee], no. 57123/16, §§ 16-25, 17 December 2019)?
APPENDIX
No.
Application
no.
Lodged on
Applicant’s name
year of birth and place of residence
Represented by
Date of arrest
Sentence as determined
by the Supreme Court
20353/18
06/04/2018
Khamzat Aliyevich BAKHAYEV
1969, is serving a prison sentence in Kirovochepetsk, Kirov Region
Olga Viktorovna GOLUB
8 March 2015
11 years’ imprisonment
20936/18
05/04/2018
Shadid Shakhidovich GUBASHEV
1983, is serving a prison sentence in Labytnangi, Yamalo-Nenentskiy Region
Roza Saidovna MAGOMEDOVA
6 March 2015
16 years’ imprisonment
21652/18
04/04/2018
Anzor Shakhidovich GUBASHEV
1981, is serving a prison sentence in Petrozavodsk, Karelia Republic
Roza Saidovna MAGOMEDOVA
6 March 2015
19 years’ imprisonment
Full & Egal Universal Law Academy