Communicated on 24 January 2020
Published on 10 February 2020
THIRD SECTION
Application no. 50264/17
Semen Alekseyevich TERESHONKOV
against Russia
lodged on 28 June 2017
STATEMENT OF FACTS
The applicant, Mr Semen Alekseyevich Tereshonkov, is a Russian national, who was born in 1982 and lives in Syktyvkar. He is represented before the Court by Mr A. Laptev, a lawyer practising in Moscow, and Mr E. Mezak, a lawyer practising in Syktyvkar.
The circumstances of the case
The facts of the case, as submitted by the applicant, may be summarised as follows.
On 18 December 2016 the police arrested the applicant on the charge of public drunkenness. At the police station the applicant had an altercation with the police officers refusing to submit to detention in a cell. As a result, the police instituted administrative proceedings against the applicant on the charge of refusal to comply with a lawful order of a police officer.
On 19 December 2016 the Syktyvkar Town Court of the Komi Republic examined the applicant’s case and found him guilty as charged. The court sentenced the applicant to three days’ detention. The applicant started serving the sentence immediately.
On an unspecified date the applicant appealed against the judgment of 19 December 2016.
On 28 December 2016 the Supreme Court of the Komi Republic upheld the judgment of 19 December 2016 on appeal.
COMPLAINT
The applicant complains under Article 2 § 1 of Protocol No. 7 to the Convention that the appeal against his conviction did not have a suspensive effect on execution of his sentence.
QUESTION TO THE PARTIES
Did the absence of suspensive effect of an appeal against the sentence of administrative detention undermine the applicant’s right of appeal to have his conviction or sentence reviewed as required by Article 2 of Protocol No. 7 to the Convention?
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