Communicated on 30 January 2020
Published on 17 February 2020
THIRD SECTION
Application no. 20069/17
Levon Gareginovich MANUKYAN against Russia
and 6 other applications
(see list appended)
STATEMENT OF FACTS
The applicants are Russian nationals.
The circumstances of the cases
The facts of the cases, as submitted by the applicants, may be summarised as follows.
The applicants were prosecuted under the Code of Administrative Offences of the Russian Federation. The courts heard their cases in the absence of a prosecuting party. The applicants were found guilty as charged and subjected to a penalty.
The details pertaining to each application appear in the Appendix below.
COMPLAINTS
The applicants complain under Article 6 of the Convention that the courts which considered their cases were not impartial.
Mr Novichkov (applications nos. 58589/17 and 75728/17) complains under Articles 6 §§ 1 and 3 (c) that he could not benefit from free legal assistance when the police instituted administrative proceedings against him.
COMMON QUESTION
Were the courts which dealt with the applicants’ cases impartial, as required by Article 6 § 1 of the Convention (see Karelin v. Russia, no. 926/08, §§ 38-85, 20 September 2016)?
CASE SPECIFIC QUESTION
As regards applications nos. 58589/17 and 75728/17, was there a violation of Article 6 §§ 1 and 3 (c) of the Convention (see Mikhaylova v. Russia, no. 46998/08, §§ 76-102, 19 November 2015)?
In particular, did the interests of justice require that legal assistance be provided to the applicant free of charge?
If so, was the applicant afforded an adequate opportunity to receive legal assistance before the trial?
APPENDIX
No.
Application
no.
Lodged on
Applicant name
date of birth
place of residence
Administrative offence
Sentence
Judicial proceedings
First level of jurisdiction
Appeal
20069/17
28/02/2017
Levon Gareginovich MANUKYAN
04/01/1961
Kashino
Refusal to undergo a breathalyser test
Fine in the amount of RUB 30,000 and suspension of the driving license for a year and 8 months
3 October 2016, justice of the peace of the judicial circuit of Aleysk District of the Altay Region
1 December 2016, Aleysk Town Court of the Altay Region
23757/17*
16/03/2017
Sergey Vasilyevich CHERNOV
16/06/1952
Moscow
Passing in a no passing zone;
Suspension of the driving license for 4 months
15 July 2016, justice of the peace of judicial circuit no. 323 of Severnoye Medvedkovo District of Moscow
22 September 2016, Babushkinskiy District Court of Moscow
23840/17*
18/03/2017
Irina Vladislavovna TRUBINA
26/06/1981
Perm
“Hit and run”; suspension of the driving licence for a year
11 July 2016, justice of the peace of judicial circuit no. 2 of the Dzerzhinskiy Judicial District of Perm
19 September 2016, Dzerzhinskiy District Court of Perm
58589/17*
01/08/2017
Aleksandr Viktorovich NOVICHKOV
17/03/1986
Volsk
Refusal to undergo a breathalyser test
Fine in the amount of RUB 30,000 and suspension of the driving license for a year and 10 months
1 March 2017, justice of the peace of judicial circuit no. 5 of the Volskiy District of the Saratov Region
31 March 2017, Volskiy District Court of the Saratov Region
73608/17*
05/10/2017
Aleksandr Aleksandrovich PETRINSKIY
09/05/1969
Azov
Sale of alcohol after the authorised hours, Fine in the amount of RUB 7,000
17 April 2017 justice of the peace of judicial circuit no. 3 of the Azovskiy District of the Rostov Region
28 June 2017, Azov Town Court of the Rostov Region
75728/17*
17/10/2017
Aleksandr Viktorovich NOVICHKOV
17/03/1986
Volsk (same as application no. 58589/17)
Drink driving,
RUB 30,000 and suspension of the driving license for a year and 7 months
26 April 2017, justice of the peace of judicial circuit no. 2 of the VolskiyDistrict of the Saratov Region
5 June 2017, Volskiy District Court of the Saratov Region
77427/17*
11/10/2017
Aleksandr Yuryevich GUBANKOV
07/03/1972
Verkhnyaya Pyshma
Failure to pay alimony to a parent; 30 hours’ community work
3 April 2017, justice of the peace of judicial circuit no. 4 of Verkhnyaya Pyshma District of the Sverdlovsk Region
12 May 2017, Verkhnyaya Pyshma Town Court of the Sverdlovsk Region
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