Přehled
Rozhodnutí
THIRD SECTION
DECISION
Applications nos. 1380/14 and 43772/15
Andrey Nikolayevich SIMONOV against Russia
and Ayrat Vagizovich AGLIULLIN against Russia
(see appended table)
The European Court of Human Rights (Third Section), sitting on 19 January 2023 as a Committee composed of:
Darian Pavli, President,
Ioannis Ktistakis,
Andreas Zünd, judges,
and Viktoriya Maradudina, Acting Deputy Section Registrar,
Having regard to the above applications lodged on the various dates indicated in the appended table,
Having regard to the observations submitted by the respondent Government and the observations in reply submitted by the applicant,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
The list of applicants is set out in the appended table.
The applicants’ complaints under Article 6 §§ 1 and 3 (d) of the Convention concerning the unfair trial in view of restrictions on the right to examine witnesses were communicated to the Russian Government (“the Government”).
THE LAW
- Joinder of the applications
Having regard to the similar subject matter of the applications, the Court finds it appropriate to examine them jointly in a single decision.
- Complaints under Article 6 §§ 1 and 3 (d) of the Convention (unfair trial in view of restrictions on the right to examine witnesses)
In the present applications, having examined all the material before it, the Court considers that the applicants’ complaints that they had been unable to obtain attendance of forensic expert witnesses are inadmissible.
In particular, the Court accepts that, in the light of the principles established in the case-law under Article 6 §§ 1 and 3 (d) of the Convention (see Murtazaliyeva v. Russia [GC], no. 36658/05, §§ 117-27, 18 December 2018), the applicants’ criminal trials had complied with overall fairness requirement.
In view of the above, the Court finds that these complaints are manifestly ill-founded and must be rejected in accordance with Article 35 §§ 3 and 4 of the Convention.
For these reasons, the Court, unanimously,
Decides to join the applications;
Declares the applications inadmissible.
Done in English and notified in writing on 9 February 2023.
Viktoriya Maradudina Darian Pavli
Acting Deputy Registrar President
APPENDIX
List of applications raising complaints under Article 6 §§ 1 and 3 (d) of the Convention
(unfair trial in view of restrictions on the right to examine witnesses)
No. | Application no. Date of introduction | Applicant’s name Year of birth | Representative’s name and location | Final domestic decision Charges convicted of | Witness absent from trial (indicated by initials) Summary of the nature of the witness evidence | Reasons for absence |
1380/14 25/11/2013 | Andrey Nikolayevich SIMONOV 1965 | Zhukov Aleksandr Vladimirovich Tyumen | Tyumen Regional Court 17/05/2013 violation of road traffic regulations resulting in the death of two persons | Mr. T. expert witness the witness took part in preparation of the road traffic accident report | Unknown | |
43772/15 18/08/2015 | Ayrat Vagizovich AGLIULLIN 1989 | Radnayeva Nadezhda Valeryevna Balashikha | Sarapulskiy District Court of the Republic of Udmurtia 12/12/2014 violation of road traffic regulations resulting in the death of a person | Mr. M. expert witness the witness took part in preparation of the road traffic accident report | The domestic courts refused to summon the witness |