Published on 26 February 2024
THIRD SECTION
Applications nos. 57301/18 and 4329/19
Gennadiy Viktorovich ZEMTSOV against Russia
and Artem Viktorovich CHERNETSOV against Russia
PROCEDURAL INFORMATION
Following a preliminary examination of the admissibility of the applications on 1 February 2024, 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)
57301/18*
02/11/2018
Gennadiy Viktorovich ZEMTSOV
1980
Yelena Vladimirovna Sukhikh
Krasnoyarsk
14/06/2017
heroin
fellow drug user/acquaintance
Krasnoyarsk Regional Court,
10/05/2018
4329/19
08/12/2018
Artem Viktorovich CHERNETSOV
1992
Andrey Gennadyevich Lepekhin
Chelyabinsk
03/06/2016
marijuana
lack of incriminating information, pressure to proceed with illegal activity, undercover police officer
Chelyabinsk Regional Court,
09/06/2018