Přehled
Rozhodnutí
THIRD SECTION
DECISION
Application no. 41681/20
Vladimir Leonidovich KOVALEV
against Russia
(see appended table)
The European Court of Human Rights (Third Section), sitting on 10 November 2022 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 application lodged on 3 September 2020,
Having regard to the observations submitted by the respondent Government and the observations in reply submitted by the applicants,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
The applicant’s details are set out in the appended table.
The applicant was represented by Mr S. Porubay, a lawyer practising in Moscow.
The applicant’s 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
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 application, having examined all the material before it, the Court considers that the applicant’s complaint about the courts having held the criminal trial against him in the absence of a prosecution witness is inadmissible.
In particular, the Court notes that in the light of the principles established in the case-law under Article 6 §§ 1 and 3 (d) of the Convention (see notably Al-Khawaja and Tahery v. the United Kingdom [GC], nos. 26766/05 and 22228/06, §§ 118-47, ECHR 2011, and Schatschaschwili v. Germany [GC], no. 9154/10, §§ 100-31, ECHR 2015) the applicant’s criminal trial complied with the overall fairness requirement.
In view of the above, the Court finds that this complaint is manifestly ill‑founded and must be rejected in accordance with Article 35 §§ 3 and 4 of the Convention.
For these reasons, the Court, unanimously,
Declares the application inadmissible.
Done in English and notified in writing on 1 December 2022.
Viktoriya Maradudina Darian Pavli
Acting Deputy Registrar President
APPENDIX
Application raising complaints under Article 6 §§ 1 and 3 (d) of the Convention
(unfair trial in view of restrictions on the right to examine witnesses)
Application no. Date of introduction | Applicant’s name Year of birth | Final domestic decision Charges convicted of | Witness absent from trial (indicated by initials) Summary of the nature of the witness evidence | Reasons for absence | Steps taken to compensate for the witness’s absence |
41681/20 03/09/2020 | Vladimir Leonidovich KOVALEV 1959 | Moscow City Court 22/04/2020 actions of sexual character in respect of a minor | D.L. eyewitness | minor age | the applicant was able to confront the witness at the pre-trial stage of the criminal proceedings against him. |