Communicated on 8 November 2017
THIRD SECTION
Application no. 41846/17
Andrey Aleksandrovich VINGORODOV
against Russia
lodged on 6 June 2017
SUBJECT MATTER OF THE CASE
On 12 December 2016 an administrative-offence record was compiled in respect of the applicant under the Code of Administrative Offences of Abkhazia in the village of Pichora. Allegedly, the applicant was then taken to the Russian military base in Gay and then to the Russian town of Sochi on 13 December 2016. On 15 December 2016 a Russian court convicted the applicant under Article 19.3 of the Code of Administrative Offences of the Russian Federation because at 9.30 p.m. on 13 December 2016 he had disobeyed a police officer to show his identity document and had tried to escape. The court sentenced him to fifteen days’ administrative detention, noting that he had been arrested at 11.48 p.m. on 13 December 2016. The applicant served it, left Russia and claimed asylum in Moldova.
QUESTIONS tO THE PARTIES
1. Was there a violation of Article 5 § 1 of the Convention on account of the applicant’s deprivation of liberty from 12 December 2016 until his conviction on 15 December 2016?
2.1. 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 (compare Shvydka v. Ukraine, no. 17888/12, §§ 48-55, 30 October 2014)?
2.2. Was there a violation of Article 6 §§ 1 and 3 (c) of the Convention on account of the unavailability of legal assistance “free of charge” for the applicant’s trial and for lodging an appeal against the trial judgment (see Mikhaylova v. Russia, no. 46998/08, 19 November 2015)?
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