Published on 26 June 2023
THIRD SECTION
Application no. 40018/16
Margar Norikovich UGURYAN against Russia
and 10 other applications
(see list appended)
PROCEDURAL INFORMATION
Following a preliminary examination of the admissibility of the applications on 1 June 2023, the Court decided, under Rule 54 § 2 (b) of the Rules of Court, that notice of the applications should be given to the Government of Russia.
In the applications marked by an asterisk, other complaints were raised. This part of the applications has been struck out of the Court’s list of cases or declared inadmissible by the Court, sitting in a single-judge formation, assisted by a rapporteur as provided for in Article 24 § 2 of the Convention.
In the enclosed list of applications, whenever an applicant is referred to using initials, this indicates that the Court has authorised anonymity for that person, whose identity will not be disclosed to the public (Rule 47 § 4).
For further information on the procedure following communication of an application brought against Russia, subject of well-established case law of the Court, please refer to the Court’s website.
SUBJECT MATTER
The applications concern complaints raised under Article 6 § 1 of the Convention relating to unfair conviction for an offence committed as a result of entrapment by State agents which are the subject of well-established case law of the Court (see Kuzmina and Others v. Russia, nos. 66152/14 and 8 others, 20 April 2021).
APPENDIX – STATEMENT OF FACTS
List of applications raising complaints under Article 6 § 1 of the Convention
(unfair conviction for an offence committed as a result of entrapment by State agents)
No.
Application no.
Date of introduction
Applicant’s name
Year of birth
Representative’s name and location
Date of test purchase/"operational experiment"
Type of offence
Specific grievances
Final domestic judgment (appeal/cassation court, date)
Case-law
Other complaints under well‑established case-law
40018/16*
29/06/2016
Margar Norikovich UGURYAN
1977
25/11/2014
marijuana
lack of incriminating information
Rostov Regional Court, 10/05/2016
Kuzmina and Others v. Russia, nos. 66152/14 and 8 others, 20 April 2021;
Yeremtsov and Others v. Russia, nos. 20696/06, 22504/06, 41167/06, 6193/07 and 18589/07, 27 November 2014
Art. 6 (3) (d) - examination/attendance of witnesses - inability to examine the main prosecution witness P. whose pre-trial testimony was admitted as evidence and used against the applicant
57467/19*
31/10/2019
Aminat Magomedovna ABDURAKHMANOVA
1973
11/09/2018
bribe-related offence
pressure to proceed with illegal activity
Astrakhan Regional Court, 30/05/2019
Kuzmina and Others v. Russia, nos. 66152/14 and 8 others, 20 April 2021;
Ivanov and Others v. Russia, nos. 62082/10 and 6 others, 19 July 2022
12187/21*
25/02/2021
Yunyuye SHEN
1957
Vitaliy Viktorovich Kulapov
Moscow
31/12/2017
bribe-related offence
pressure to proceed with illegal activity
Supreme Court of Russia, 29/08/2022
Kuzmina and Others v. Russia, nos. 66152/14 and 8 others, 20 April 2021;
Ivanov and Others v. Russia, nos. 62082/10 and 6 others, 19 July 2022
Art. 6 (3) (a) - charges/information about the charges - The applicant complains that some of the case material was not duly translated from Russian to Chinese and that prevented him to duly understand the nature of charges against him;
Art. 6 (3) (b) - adequate time/facilities for preparation of defence - The applicant complains that some of the case material was not duly translated from Russian to Chinese, which prevented the applicant from presenting and defending his position in the first-instance and appeal courts
20488/21*
27/03/2021
Farit Madisovich GAREYEV
1964
Eduard Anatolyevich Arkadyev
Vladivostok
29/09/2018
cannabis (hash) oil
anonymous/unverified tip, repeated calls, undercover police officer, lack of incriminating information, no evidence that the app had been previously involved in drug dealing; no telephone tapping; no search in the app’s house, conviction for the drugs transferred during the test purchase, no other episodes
Supreme Court of Russia, 25/10/2022
30227/21
21/10/2021
Sergey Valeryevich BOKOV
1975
04/03/2016
ephedrine
repeated calls, the applicant was not known to the police as a drug dealer before the information given by the drug user, who then acted as a buyer, lack of incriminating information, no evidence that the applicant profited in any respect from the drug sale
Supreme Court of Russia, 27/12/2021
Kuzmina and Others v. Russia, nos. 66152/14 and 8 others, 20 April 2021;
Yeremtsov and Others v. Russia, nos. 20696/06, 22504/06, 41167/06, 6193/07 and 18589/07, 27 November 2014
35368/21
24/06/2021
Maksim Yuryevich NOROK
1979
Vladimir Nikolayevich Boyarko
Krasnodar
07/07/2017
marijuana
repeated calls, fellow drug user, pressure to sell
Supreme Court of Russia, 25/03/2021
Kuzmina and Others v. Russia, nos. 66152/14 and 8 others, 20 April 2021;
Yeremtsov and Others
v. Russia, nos. 20696/06, 22504/06, 41167/06, 6193/07 and 18589/07, 27 November 2014
61107/21
09/12/2021
Vadim Albertovich DENIYEV
1959
Andrey Yevgenyevich Golubenko
Nea Skiony
22/11/2018
bribe-related crime
lack of incriminating information
Supreme Court of Russia, 10/08/2021
Kuzmina and Others v. Russia, nos. 66152/14 and 8 others, 20 April 2021;
Ivanov and Others v. Russia, nos. 62082/10 and 6 others, 19 July 2022
Art. 6 (3) (d) - inability to examine the main prosecution witness B. whose pre-trial testimony was admitted as evidence and used against the applicant;
Art. 6 (3) (d) - failure of the authorities to locate attesting witnesses S. and K. and inability to question them in court in relation to their pre-trial testimony
1497/22*
02/12/2021
Maksim Skayper Ogly ALIGULIYEV
1980
16/11/2017
N-metilefedron
fellow drug user, lack of incriminating information, pressure to sell, repeated calls
Supreme Court of Russia,
02/07/2021
Kuzmina and Others v. Russia, nos. 66152/14 and 8 others, 20 April 2021;
Yeremtsov and Others
v. Russia, nos. 20696/06, 22504/06, 41167/06, 6193/07 and 18589/07, 27 November 2014
2812/22
24/11/2021
Andrey Igorevich DEMIN
1981
Arseniy Sergeyevich Korchagin
Yaroslavl
06/12/2018
heroin
fellow drug user, lack of incriminating information, pressure to sell
Supreme Court of Russia, 26/05/2021
Kuzmina and Others v. Russia, nos. 66152/14 and 8 others, 20 April 2021;
Yeremtsov and Others
v. Russia, nos. 20696/06, 22504/06, 41167/06, 6193/07 and 18589/07, 27 November 2014
Art. 6 (3) (d) - inability to question main witness for the prosecution, M. Kh., whose pre-trial testimony was used to convict the applicant
10091/22*
10/02/2022
Maksim Aleksandrovich KONSTANTINOV
1983
05/02/2019
N-methylephedrine
fellow drug user, anonymous/unverified tip
Supreme Court of Russia 22/09/2021
Kuzmina and Others v. Russia, nos. 66152/14 and 8 others, 20 April 2021;
Yeremtsov and Others
v. Russia, nos. 20696/06, 22504/06, 41167/06, 6193/07 and 18589/07, 27 November 2014
14928/22*
20/10/2021
Ruslan Abdulkhakimovich AMANZATOV
1983
05/05/2019
heroin
anonymous/unverified tip, lack of incriminating information
Supreme Court of Russia, 14/09/2021
Kuzmina and Others v. Russia, nos. 66152/14 and 8 others, 20 April 2021;
Yeremtsov and Others
v. Russia, nos. 20696/06, 22504/06, 41167/06, 6193/07 and 18589/07, 27 November 2014