Communicated on 7 February 2018
THIRD SECTION
Application no. 11107/17
Andrey Sergeyevich KUKHTIN
against Russia
lodged on 27 January 2017
SUBJECT MATTER OF THE CASE
The application concerns the alleged unfairness of the criminal proceedings due to the restriction of the applicant’s right of access to a lawyer prior to his self-incriminating statement made in police custody and subsequently referred to by the trial court for the purposes of his conviction (Salduz v. Turkey [GC], no. 36391/02, ECHR 2008; Ibrahim and Others v. the United Kingdom [GC], nos. 50541/08 and 3 others, ECHR 2016; and Simeonovi v. Bulgaria [GC], no. 21980/04, ECHR 2017 (extracts).
QUESTION tO THE PARTIES
Having regard to his conviction on 17 May 2016 by the Leninskiy District Court of Astrakhan, as upheld on 28 July 2016 by the Astrakhan Regional Court, has there been a breach of Article 6 §§ 1 and 3 (c) of the Convention as a result of the lack of legal assistance available to the applicant on 15 and 16 September 2015 (see Ibrahim and Others v. the United Kingdom [GC], nos. 50541/08 and 3 others, §§ 249-74, ECHR 2016)?
The Government are requested to provide copies of the register of persons escorted to police stations (книга/журнал учета лиц, доставленных в отдел внутренних дел) and of detained persons (реестр лиц, подвергнутых задержанию) for the dates of detention as claimed by the applicant, records of the applicant’s initial questioning by the police and copies of other relevant documents indicating the timing of his arrest, his first confession statements given to the police, information that he had been notified about his right to remain silent, not to incriminate oneself and be legally represented, the appointment of a lawyer and other relevant documents.
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