THIRD SECTION
DECISION
Application no. 10100/17
Konstantin Aleksandrovich SHURKOV
against Russia
(see appended table)
The European Court of Human Rights (Third Section), sitting on 6 October 2022 as a Committee composed of:
Darian Pavli, President,
Andreas Zünd,
Frédéric Krenc, judges,
and Viktoriya Maradudina, Acting Deputy Section Registrar,
Having regard to the above application lodged on 20 May 2017,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
The applicant’s details are set out in the appended table.
The applicant’s complaints under Article 8 § 1 of the Convention concerning the secret surveillance in the context of criminal proceedings were communicated to the Russian Government (“the Government”).
THE LAW
Having examined the material before it, the Court observes that the applicant lodged his complaint under Article 8 of the Convention on 20 May 2017, while the events complained of (authorisation of interception of the applicant’s telephone communications) took place in 2015. Even assuming that the applicant only learned about such interception in the course of the criminal proceedings against him which ended with the appeal judgment of the Sverdlovsk Regional Court on 24 October 2016, the Court notes that the applicant introduced his complaint more than six months after the end of those proceedings.
In view of the above, the Court finds that the present complaint was lodged outside the six-month time-limit set forth in Article 35 § 1 of the Convention. It must therefore be rejected in accordance with Article 35 §§ 1 and 4 of the Convention.
For these reasons, the Court, unanimously,
Declares the application inadmissible.
Done in English and notified in writing on 27 October 2022.
Viktoriya Maradudina Darian Pavli
Acting Deputy Registrar President
APPENDIX
Application raising complaints under Article 8 § 1 of the Convention
(secret surveillance in the context of criminal proceedings)
Application no.
Date of introduction
Applicant’s name
Year of birth
Type of secret surveillance
Date of the surveillance authorisation
Name of the issuing authority
Other relevant information
10100/17
20/05/2017
Konstantin Aleksandrovich SHURKOV
1978
interception of telephone communications
27/08/2015, Federal Drug Control Service
The applicant was found guilty of drug dealing, the final decision on the matter having been taken by the Sverdlovsk Regional Court on 24/10/2016