Přehled
Rozhodnutí
THIRD SECTION
DECISION
Application no. 23501/19
Aleksandr Ivanovich DEVYATOV
against Russia
(see appended table)
The European Court of Human Rights (Third Section), sitting on 2 June 2022 as a Committee composed of:
Darian Pavli, President,
Andreas Zünd,
Mikhail Lobov, judges,
and Viktoriya Maradudina, Acting Deputy Section Registrar,
Having regard to the above application lodged on 17 April 2019,
Having regard to the observations submitted by the respondent Government,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
The applicant’s details are set out in the appended table.
The applicant’s complaints under Article 6 § 1 of the Convention concerning the applicant’s absence from civil proceedings were communicated to the Russian Government (“the Government”).
THE LAW
In the present application, having examined all the material before it, the Court considers that for the reasons stated below, the complaint about the applicant’s absence from the appeal hearing is inadmissible.
he Court notes that the first-instance court heard the applicant, questioned him on the merits of his complaint and accepted additional motions and evidence from him. Thus, the applicant was given an ample opportunity to state his case before the first-instance court.
The appeal court did not examine any new facts or evidence. The applicant filed an appeal where he stated all his arguments and the appeal court duly examined them. The Court notes that the appeal courts weighed the necessity of the parties’ personal presence and, reasonably, decided that it was not necessary in view of the nature of the applicant’s claims.
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,
Declares the application inadmissible.
Done in English and notified in writing on 23 June 2022.
Viktoriya Maradudina Darian Pavli
Acting Deputy Registrar President
APPENDIX
Application raising complaints under Article 6 § 1 of the Convention
(applicant’s absence from civil proceedings)
Application no. Date of introduction | Applicant’s name Year of birth | Nature of the dispute Final decision | First-instance hearing date Court | Appeal hearing date Court | Final decision date Court |
23501/19 17/04/2019 | Aleksandr Ivanovich DEVYATOV 1976 | claim for compensation for damages caused by poor conditions of detention | 03/05/2018 Argayashskiy District Court of Chelyabinsk Region | 11/10/2018 Chelyabinsk Regional Court | 14/03/2019 Supreme Court of Russia |