Published on 5 February 2024
THIRD SECTION
Application no. 6823/19
Alla Aleksandrovna KONDRATYUK against Russia
and 3 other applications
(see list appended)
PROCEDURAL INFORMATION
Following a preliminary examination of the admissibility of the applications on 11 January 2024, the Court decided, under Rule 54 § 2 (b) of the Rules of Court, that notice of the applications should be given to the Government of Russia.
In the applications marked by an asterisk, other complaints were raised. This part of the applications has been struck out of the Court’s list of cases or declared inadmissible by the Court, sitting in a single-judge formation, assisted by a rapporteur as provided for in Article 24 § 2 of the Convention.
In the enclosed list of applications, whenever an applicant is referred to using initials, this indicates that the Court has authorised anonymity for that person, whose identity will not be disclosed to the public (Rule 47 § 4).
For further information on the procedure following communication of an application brought against Russia, subject of well-established case law of the Court, please refer to the Court’s website.
SUBJECT MATTER
The applications concern complaints raised under Article 6 §§ 1 and 3 (d) of the Convention relating to unfair trial in view of restrictions on the right to examine witnesses which are the subject of well-established case law of the Court (see Al-Khawaja and Tahery v. the United Kingdom [GC], nos. 26766/05 and 22228/06, ECHR 2011, Schatschaschwili v. Germany [GC], no. 9154/10, ECHR 2015 and Murtazaliyeva v. Russia [GC], no. 36658/05, 18 December 2018).
APPENDIX – STATEMENT OF FACTS
List of applications raising complaints under Article 6 §§ 1 and 3 (d) of the Convention
(unfair trial in view of restrictions on the right to examine witnesses)
No.
Application no.
Date of introduction
Applicant’s name
Year of birth/registration
Representative’s name and location
Final domestic decision
Convicted of
Witness (indicated by initials)
Absent and/or anonymous
Evidence type
Reasons for absence and/or anonymity
Counterbalancing factors
Overall fairness
6823/19*
05/01/2019
Alla Aleksandrovna KONDRATYUK
1979
Kaliningrad Regional Court
02/08/2018
drug trafficking
"Zhvachka"
anonymous
decisive
fear
Insufficient
8343/19
04/02/2018
Abdula Magomedrasulovich OMAROV
1992
Irina Vladimirovna Khrunova
Kazan
Supreme Court of Russia
09/08/2018
membership in a terrorist organisation
"Petrov"
anonymous
significant weight
fear
Insufficient
16932/19*
13/03/2019
Mukharem Bayevich OROZBAYEV
1974
Nadezhda Viktorovna Yermolayeva
Moscow
Supreme Court of Russia
13/09/2018
incitement to terrorist activities
"Magomedov"
anonymous
significant weight
none
Insufficient
15145/21
15/02/2021
Mikhail Alekseyevich KULKOV
1994
Supreme Court of Russia
27/04/2021
membership in a terrorist organisation
"Snupikov"
anonymous
decisive
fear
Insufficient