SIMONOV A AGLIULLIN proti Rusku

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

1. 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.

2. 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)