Přehled
Rozhodnutí
THIRD SECTION
DECISION
Application no. 52151/09
Nikolay Mikhaylovich SHAPENKOV against Russia
and 19 other applications
(see list appended)
The European Court of Human Rights (Third Section), sitting on 19 May 2020 as a Committee composed of:
Alena Poláčková, President,
Dmitry Dedov,
Gilberto Felici, judges,
and Olga Chernishova, 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 applicants,
Having deliberated, decides as follows:
THE FACTS
1. The applicants are Russian nationals living in various regions of the Russian Federation. Their personal details appear in the appended table.
2. The Russian Government ("the Government") were represented initially by Mr G. Matyushkin, the Representative of the Russian Federation to the European Court of Human Rights, and then by his successor in that office, Mr M. Galperin.
3. On various dates between 2008 and 2016 the applicants were criminally prosecuted and convicted of various offences under the Russian legislation in force. The particulars of the relevant domestic proceedings are presented in the appended table.
COMPLAINTS
4. The applicants complained under Article 6 §§ 1 and 3 (d) of the Convention that they were not provided an opportunity to examine the prosecution witnesses during trial.
THE LAW
5. The Court considers that in accordance with Rule 42 § 1 of the Rules of Court, the applications listed in the appended table should be joined.
6. The respondent Government in their observations argued that applicants had had fair hearings in the determination of the criminal charges against them in accordance with Article 6 § 1 of the Convention.
7. Certain applicants disagreed, while the others did not provide specific arguments.
8. The Court has carefully examined the applications listed in the appended table and concluded that, in the light of the Court’s primary concern under Article 6 § 1 to evaluate the overall fairness of the criminal proceedings (see Al-Khawaja and Tahery v. the United Kingdom [GC], nos. 26766/05 and 22228/06, § 118, ECHR 2011, and Schatschaschwili v. Germany [GC], no. 9154/10, § 101, ECHR 2015), the presumption that in principle the Russian legal system offers robust procedural guarantees securing the right of an accused to examine witnesses testifying against him, ensuring that the reading out of absent witnesses’ testimony is possible only as an exception (see Zadumov v. Russia, no. 2257/12, § 63, 12 December 2017, recently reiterated in Kiba and Others v. Russia (dec.) [Committee], nos. 38047/08 and 2 others, § 16, 17 April 2018), the material in its possession, and in so far as the matters complained of are within its competence, the applications are manifestly ill-founded, and thus must be rejected in accordance with Article 35 §§ 3 (a) 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 18 June 2020.
Olga Chernishova Alena Poláčková
Deputy Registrar President
Appendix
No. | Application no. Date of introduction | Applicant name Year of birth Place of residence Nationality Represented by | Date of the trial and appeal courts’ judgments Convicted of | Absent prosecution witness |
1 | 52151/09 18/09/2009 | Nikolay Mikhaylovich SHAPENKOV 1966 Vladivostok Russian Marina Nikolayevna KOMAROVA | Pervomayskiy District Court of Vladivostok 05/11/2008 Primorskiy Regional Court 02/04/2009 Convicted of murder | Mr Sh., Mr Zh., Mr D., Mr A., Mr Ch., Mr I. |
2 | 57248/11 30/08/2011 | Dmitriy Olegovich LOGINOV 1976 St Petersburg Russian Ulrich SOMMER | Tsentralnyy District Court of Sochi of the Krasnodar Region 30/12/2010 Krasnodar Regional Court 02/03/2011 Convicted of fraud in conspiracy | Ms K., Ms T., Mr K., Mr Sh., Mr S., Ms M., Ms V., Mr Kh., Ms S., Ms Kaz., Mr Shir., Mr V., Mr B., Mr A., Mr P., Mr L., Mr Kor., Mr N., Mr Ch., Ms A., Ms B. |
3 | 72027/11 26/10/2011 | Andrey Valeryanovich KHAKIMOV 1986 Chelyabinsk Russian Adakham Ismailovich NURAKHMETOV | Sovetskiy District Court of Chelyabinsk 02/03/2011 Chelyabinsk Regional Court 27/05/2011 Convicted of infliction of grievous bodily injuries that lead to the death of the victim in conspiracy | Mr S., Ms S. |
4 | 4761/12 20/12/2011 | Sergey Vladimirovich SHIMKEVICH 1958 Moscow Russian | Dorogomilovskiy District Court of Moscow 26/04/2011 Moscow City Court 18/07/2011 Convicted of embezzlement in conspiracy | Ms K., Mr Ko., Ms S., Ms T., Ms U., Mr Ka. |
5 | 6175/12 18/01/2012 | Y.V.Y. 1960 Tver Russian Lidiya Konstantinovna NOVOSELSKAYA | Balashikhskiy Town Court of the Moscow Region 30/03/2011 Moscow Regional Court 19/07/2011 Convicted of sexual assault | Ms Sh. |
6 | 7528/12 24/12/2011 | Vladimir Viktorovich MARCHENKO 1972 Beshpagir Russian Yuriy Alekseyevich LIPIN | Promyshlennyy District Court of Saratov 03/05/2011 Stavropol Regional Court 05/10/2011 Convicted of attempted drug dealing in conspiracy | Mr G., Mr R. |
7 | 9683/12 20/01/2012 | Vladimir Gennadyevich FEDOTOV 1976 Ulyanovsk Russian Yekaterina Viktorovna YEFREMOVA | Naro-Fominskiy Town Court of the Moscow Region 10/08/2011 Moscow Regional Court 14/02/2017 Convicted of infliction of grievous bodily injuries that lead to the death of the victim | Mr Sh. |
8 | 10397/12 14/01/2012 | Gevorg Ashotovich MIRIDZHANYAN 1987 Moscow Russian | Izmaylovskiy District Court of Moscow 01/07/2011 Moscow City Court 22/08/2011 Convicted of attempted drug dealing | Mr K. |
9 | 10481/12 23/01/2012 | Valentin Yakovlevich ZAVODNOV 1947 Abinsk Russian | Abinskiy District Court of the Krasnodar Region 05/10/2011 Krasnodar Regional Court 23/11/2011 Convicted of abuse of authority | Ms Z. |
10 | 10588/12 27/01/2012 | Vladimir Nikolayevich SHAGALOV 1972 Sheksna Russian Valentina Yevgenyevna ASEYEVA | Cherepovetskiy Town Court of the Vologda Region 22/06/2011 Vologda Regional Court 09/08/2011 Convicted of illegal storage of drugs without intent to sell and of several counts of attempted drug dealing | Mr St., Mr So. |
11 | 14342/12 24/02/2012 | Mariya Aleksandrovna BELYAYEVA 1980 Peresvet Russian Norayr Georgiyevich SHAKHNAZAROV | Sergiyevo-Posadskiy Town Court of the Moscow Region 06/09/2011 Moscow Regional Court 17/11/2011 Convicted of illegal acquisition and storage of drugs without intent to sell and of drug dealing | Mr N. |
12 | 14929/12 15/01/2012 | Dmitriy Dmitriyevich PIKULENKO 1970 Lyubertsy Russian | Voskresenskiy Town Court of the Moscow Region 24/03/2011 Moscow Regional Court 06/09/2011 Convicted of attempted drug dealing | Ms Ch. |
13 | 1527/14 29/11/2013 | Anton Konstantinovich KUZNETSOV 1985 Lukhovitsy Russian Yekaterina Ivanovna KUZNETSOVA | Kashirskiy Town Court of the Moscow Region 18/12/2012 Moscow Regional Court 30/05/2013 Convicted of aggravated assault in conspiracy | Mr F., Ms P., Mr T., Ms Tch., Ms B., Ms L., Mr B. |
14 | 74543/14 13/11/2014 | Igor Vasilyevich ZOTOV 1965 Moscow Russian Anita Vitalyevna AGEYEVA | Tverskoy District Court of Moscow 15/08/2013 Moscow City Court 16/05/2014 Convicted of misappropriation and several counts of embezzlement | Ms I. |
15 | 1365/15 08/12/2014 | Veronika Anatolyevna MALYGINA 1991 Moscow Russian | Babushkinskiy District Court of Moscow 29/04/2014 Moscow City Court 18/06/2014 Convicted of attempted drug dealing and preparation for drug dealing | Mr K. |
16 | 3329/15 20/12/2014 | Dmitriy Vladimirovich SIURKO 1977 Novosibirsk Russian | Leninskiy District Court of Novosibirsk 26/03/2014 Novosibirsk Regional Court 16/06/2014 Convicted of fraud and attempted fraud in conspiracy | Ms L., Ms Sh., Mr B., Mr K., Ms K., Mr Ts. |
17 | 14118/15 25/06/2014 | Mark Viktorovich BELMASOV 1984 Pakino Russian | Kovrovskiy Town Court of the Vladimir Region 19/11/2013 Vladimir Regional Court 27/01/2014 Convicted of drug dealing and attempted drug dealing | Mr S. |
18 | 16272/15 28/03/2015 | Mikhail Valentinovich SAVVA 1964 Krasnodar Russian Marina Alekseyevna DUBROVINA | Pervomayskiy District Court of Krasnodar 02/04/2014 Krasnodar Regional Court 30/09/2014 Convicted of fraud in conspiracy | Ms R. |
19 | 22129/16 19/04/2016 | Vadim Yuryevich GRINKOV 1980 Sterlitamak Russian Sergey Aleksandrovich GOLUBOK | St Petersburg City Court 22/06/2015 Supreme Court of the Russian Federation 18/11/2015 Convicted of robbery in conspiracy | Ms N. |
20 | 54921/16 01/09/2016 | Maksim Mikhaylovich DRYNKIN 1979 Balashov Russian Yuriy Vasilyevich SHCHADIN | Kalininskiy District Court of the Saratov Region 14/12/2015 Saratov Regional Court 15/03/2016 Convicted of forgery of evidence in a criminal case | Mr K. |