Communicated on 3 March 2021
Published on 22 March 2021
THIRD SECTION
Application no. 41681/20
Vladimir Leonidovich KOVALEV
against Russia
lodged on 3 September 2020
SUBJECT MATTER OF THE CASE
The application concerns criminal proceedings against the applicant sentenced to 12 years’ imprisonment for committing a sex crime in respect of a minor. The witness D.L., a minor at the time of the applicant’s trial, was not cross-examined in open court and her pre-trial statements were read out as evidence.
QUESTIONS TO THE PARTIES
Did the applicant have a fair hearing in the determination of the criminal charges against him, in accordance with Article 6 of the Convention (see Al‑Khawaja and Tahery v. the United Kingdom [GC], nos. 26766/05 and 22228/06, §§ 118-51, 15 December 2011, and Schatschaschwili v. Germany [GC], no. 9154/10, §§ 113, 116, 15 December 2015)? In particular,
(a) Was the applicant able to examine witness D.L. testifying against him as required by Article 6 § 3 (d) of the Convention?
(b) Was the national authorities’ decision not to cross-examine D.L. in open court based on the recommendations of a medical or a psychological expert examination (see Przydział v. Poland, no. 15487/08, § 48, 24 May 2016; and as example of application of the principles, Kiba and Others v. Russia (dec.) [Commitee], nos. 38047/08 and 2 others, § 14, 17 April 2018)?
(c) Were the submissions of D.L. sole or decisive for the applicant’s conviction?
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