Published on 3 August 2026
FIFTH SECTION
Application no. 34157/20
Iurii KUZMENKO
against Russia
lodged on 27 July 2020
communicated on 30 June 2026
SUBJECT MATTER OF THE CASE
The application concerns the applicant’s conviction by a tribunal which allegedly was not established by law, and the refusal to examine witnesses on his behalf, in the self-proclaimed “Moldovan Republic of Transnistria”, which is located on the territory of the Republic of Moldova (the “MRT” – for more details, see Ilaşcu and Others v. Moldova and Russia [GC], no. 48787/99, §§ 28-185 ECHR 2004-VII).
On 29 March 2019 criminal proceedings were instituted against the applicant on “charges” of embezzlement. On 2 April 2020 he was convicted by the “Tiraspol district court” and sentenced to four years’ imprisonment, which was subsequently upheld on 19 May 2020 by the “MRT Supreme Court of Justice”. In the course of the “criminal investigation” and before the “courts”, the applicant requested the hearing of witnesses on his behalf but to no avail. The applicant lodged complaints with the Russian General Prosecutor’s Office, also to no avail.
QUESTIONS TO THE PARTIES
1. Does the applicant come within the jurisdiction of the Russian Federation within the meaning of Article 1 of the Convention as interpreted by the Court in the cases of Lypovchenko and Halabudenco v. the Republic of Moldova and Russia (nos. 40926/16 and 73942/17, §§ 85-87, 20 February 2024) and Mozer v. the Republic of Moldova and Russia ([GC], no. 11138/10, §§ 99-111, 23 February 2016), on account of the circumstances of the present case?
2. Did the applicant have a fair hearing by a tribunal established by law in the determination of the criminal charges against him, in accordance with Article 6 § 1 of the Convention (see Lypovchenko and Halabudenco, cited above, §§ 123-29)?
3. In respect of the remainder of the applicant’s complaints, do they disclose a violation of the Convention, as claimed by the applicant? In particular:
(a) Has there been a violation of the applicant’s right to a fair trial under Article 6 §§ 1 and 3 of the Convention?
(b) Has there been a violation of Article 13 of the Convention in conjunction with the other complaints lodged by the applicant?