Communicated on 21 November 2017
THIRD SECTION
Application no. 71155/17
Yoann BARBEREAU
against Russia
lodged on 27 September 2017
STATEMENT OF FACTS
The applicant, Mr Yoann Barbereau, is a French national, who was born in 1978 and lives in Saint-Sébastien-sur-Loire. He is represented before the Court by Mr O. Arnod, a lawyer practising in Bobigny.
The circumstances of the case
The facts of the case, as submitted by the applicant, may be summarised as follows.
1. Investigation
On 16 December 2014 a number of photographs and a video were published on a Russian-language website for young parents. The photographs featured (1) the applicant and his wife engaged in a sexual intercourse and (2) the applicant and his daughter, born in 2009, naked.
On an unspecified date Ms V. complained to the police about those materials published on the website.
On 28 January 2015 the regional investigative committee opened a criminal investigation into the matter on the charges of production and distribution of child pornography. The investigators established that the photographs and the video were downloaded from the IP address assigned to the applicant’s wife.
On 11 February 2015 the applicant was arrested as a suspect and the Kuybyshevskiy District Court of Irkutsk authorised his detention pending investigation.
On the same date the investigators searched the applicant’s flat and seized the electronic equipment belonging to the applicant, including his laptops and cameras. In the files stored on the laptops, they discovered, inter alia, 49 photographs of a naked girl (the applicant’s daughter).
On 26 March 2015 the District Court extended the applicant’s detention until 28 April 2015.
On 21 April 2015 the Irkutsk Regional Court quashed the decision of 26 March 2014 and imposed the house arrest on the applicant in lieu of incarceration pending investigation. On several occasions the District Court extended the applicant’s house arrest.
On 7 April 2016 the investigation was completed and the applicant’s case file was transferred to the Kirovskiy District Court of Irkutsk. The applicant was accused of production and distribution of pornography and child pornography and child molestation.
2. Trial
On 14 June 2016 the District Court opened the trial in the applicant’s case.
On 11 September 2016 the applicant absconded. The District Court continued the trial in his absence.
On 26 December 2016 the District Court found the applicant guilty as charged and sentenced him to 15 years’ imprisonment. The court relied on the statements of numerous witnesses, including the members of the applicant’s family, his colleagues, computer experts, psychologists, etc., physical evidence and forensic reports. The court decided not to question the applicant’s daughter and relied on her statements made during the investigation.
On 10 January 2017 the judgment of 26 December 2016 came into force.
On 8 March 2017 the applicant appealed against his conviction asking for reinstatement of the time-limit for his appeal.
On 28 March 2017 the President of the District Court dispatched a letter to the French Consulate in Moscow. In the letter, the President informed the Consul General, without referring to any particular provision of the Russian rules of criminal procedure, that the applicant’s appeal could not be accepted for consideration, the judgment in his case being delivered in absentia.
COMPLAINT
The applicant complains under Article 2 of Protocol No. 7 to the Convention that he was unable to appeal against his conviction.
QUESTION TO THE PARTIES
Was the applicant afforded the right of appeal envisaged by Article 2 of Protocol No. 7 (compare, Krombach v. France, no. 29731/96, §§ 96-100, ECHR 2001‑II)?
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