Přehled
Rozhodnutí
THIRD SECTION
DECISION
Application no. 5723/09
Zhamshid Ilmuratovich ALIYEV against Russia
and 19 other applications
(see list appended)
The European Court of Human Rights (Third Section), sitting on 4 February 2020 as a Committee composed of:
Alena Poláčková, President,
Dmitry Dedov,
Gilberto Felici, judges,
and Stephen Phillips, 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 and nationals of other countries living in various regions of the Russian Federation and abroad. 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 2007 and 2015 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 (dec.), 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 5 March 2020.
Stephen Phillips Alena Poláčková
Registrar President
Appendix
No. | Application no. Date of introduction | Applicant name Date of birth Place of residence Nationality Represented by | Date of the trial and appeal courts’ judgments Convicted of | Absent prosecution witness |
1 | 5723/09 24/12/2008 | Zhamshid Ilmuratovich ALIYEV 22/07/1979 Kattakurgan, Uzbekistan Uzbek Andrey Vladimirovich SEREBROV | Petrogradskiy District Court of St Petersburg 20/12/2007 St Petersburg Town Court 25/06/2008 Convicted of kidnapping and several counts of extortion in conspiracy | Mr K. |
2 | 52182/10 25/06/2010 | Yevgeniy Vladimirovich ZHURAVLEV 31/10/1979 Volgograd Russian | Kirovskiy District Court of Volgograd 02/02/2010 Volgograd Regional Court 13/04/2010 Convicted of illegal storage of drugs without intent to sell | Mr G. |
3 | 54569/10 07/09/2010 | Dmitriy Rustemovich PILMENKOV 15/07/1985 Kazan Russian | Alatyrskiy District Court of the Chuvash Republic 23/12/2008 Supreme Court of the Chuvash Republic 22/07/2010 Convicted of attempted drug dealing | Ms T. |
4 | 56106/10 09/09/2010 | Aleksandr Vasilyevich POSPELOV 11/11/1973 Georgiyevsk Russian | Lazarevskiy District Court of Sochi of the Krasnodar Region 18/02/2010 Krasnodar Regional Court 31/03/2010 Convicted of infliction of grievous bodily injuries that led to the victim’s death in conspiracy | Mr B. |
5 | 10326/11 19/01/2011 | Igor Vladimirovich DANILOV 11/09/1967 Petrovskoye Russian Aleksey Anatolyevich ORLOV | Gagarinskiy District Court of Moscow 07/05/2010 Moscow City Court 20/07/2010 Convicted of aggravated robbery in conspiracy and robbery | Mr A. |
6 | 37103/13 10/05/2013 | Igor Alekseyevich PISTSOV 18/10/1964 Alushta Russian Yelena Vladimirovna PISTSOVA | Perovskiy District Court of Moscow 18/09/2012 Moscow City Court 26/11/2012 Convicted of theft in conspiracy | Mr M. |
7 | 1659/14 20/12/2013 | Vyacheslav Sergeyevich BETS 14/01/1980 Blagoveshchensk Russian | Military Court of the Blagoveshchensk Garrison 08/04/2013 Military Court of the Far East Command 20/06/2013 Presidium of the Military Court of the Far East Command 17/09/2014 Convicted of several counts of abuse of power | Mr G. |
8 | 2920/14 26/12/2013 | Parmen Dzhumberovich DZIGOYEV 08/07/1985 Talitsy Russian Dmitry Olegovich YEFREMOV | Presnenskiy District Court of Moscow 28/02/2013 Moscow City Court 15/07/2013 Convicted of aggravated robbery in conspiracy | Mr Z. |
9 | 25507/14 26/03/2014 | Viktor Nikolayevich BATURIN 02/10/1956 Angelovo Russian Victor Leonidovich RASLIN | Gagarinskiy District Court of Moscow 26/07/2013 Moscow City Court 03/10/2013 Convicted of two counts of attempted fraud and one count of fraud | Ms B. |
10 | 26571/14 20/02/2014 | Vladimir Mikhaylovich MAKOVSKIY 04/11/1973 Lepley Russian Aleksandr Anatolyevich ZHILIN | Sovetskiy District Court of Orel 01/08/2013 Orel Regional Court 23/10/2013 Convicted of murder | Mr B. and Mr Sh. |
11 | 30350/14 29/03/2014 | Yevgeniy Aleksandrovich SHATLOV 05/06/1973 Barnaul Russian | Zheleznodorozhnuy District Court of Barnaul 13/11/2012 Altay Regional Court 31/01/2013 Convicted of theft and attempted theft | Mr S., Mr A., Mr M., Mrs A., Mr Z., Mr B., Mrs Ay., Mrs V. |
12 | 24813/15 25/04/2015 | Samir Nadir Ogly GATAMOV 01/03/1990 Tomsk Azerbaijani Sergey Aleksandrovich SMISHCHENKO | Kirovskiy District Court of Tomsk 21/11/2014 Tomsk Regional Court 12/03/2015 Convicted of murder | Mr G. |
13 | 29636/15 03/06/2015 | Konstantin Nikolayevich UDALOV 27/02/1969 Moscow Russian | Kromskiy District Court of the Orel Region 27/08/2014 Orel Regional Court 22/12/2014 Convicted of theft in conspiracy | Mr P., Mr L., Ms K., Mr G., Mr D., Mr Pav., Mr Pol., Mr K. |
14 | 35331/15 06/07/2015 | Oleg Anatolyevich SVIDOVICH 11/11/1964 Murmansk Russian | Murmansk Regional Court 15/10/2014 Supreme Court of the Russian Federation 15/01/2015 Convicted of several counts of sexual assault | Mr Z. and Mr N. |
15 | 49350/15 22/09/2015 | Vasiliy Veniaminovich MIDTSEV 27/05/1960 Tambov Russian Andrey Mikhaylovich ROMASHOV | Moscow City Court 13/02/2015 Supreme Court of the Russian Federation 04/06/2015 Convicted of several counts of sexual assault | Mr Ch. |
16 | 56850/15 03/11/2015 | Nikolay Vasilyevich GRUZDEV 21/04/1985 St Petersburg Russian | Nevskiy District Court of St Petersburg 27/10/2014 St Petersburg City Court 20/01/2018 Convicted of fraud | Mr P. and Ms G. |
17 | 59323/15 25/11/2015 | Aleksandr Valeryevich GRIGORYEV 09/10/1975 Cherepovets Russian | Oktyabrskiy District Court of St Petersburg 23/03/2015 St Petersburg City Court 15/07/2015 Convicted of attempted drug dealing and of illegal storage of drugs | Mr K. and Mr P. |
18 | 62440/15 08/12/2015 | Fedor Nikolayevich MAYEV 10/02/1986 Taraclia Moldovan, Russian Pavel Viktorovich MAKOVENKO 12/05/1986 Lipetsk Russian Sergey Mikhaylovich LESNIK 03/06/1984 Chisinau Russian Maksim Yuryevich IZHIKOV | Kaluzhskiy District Court of the Kaluga Region 10/03/2015 Kaluga Regional Court 08/06/2015 Convicted of aggravated assault in conspiracy | Mr S., Mr K.O.O., Mr A. G., Mr T. M., Mr E. Sh., Mr M. Ch. |
19 | 62465/15 12/12/2015 | Aleksey Valentinovich MURAVYEV 28/05/1978 Khimki Russian | Khimkinskiy Town Court of the Moscow Region 07/04/2015 Moscow Regional Court 18/06/2015 Convicted of infliction of grievous bodily injuries | Mr G., Mr T., Ms M., Ms N. |
20 | 3491/16 25/12/2015 | Natalya Grigoryevna KRASNOVA 12/07/1977 Maykop Russian Olga Vladimirovna DRUZHKOVA | Leninskiy District Court of Astrakhan 26/03/2015 Astrakhan Regional Court 25/06/2015 Convicted of human trafficking in conspiracy | Ms A. and Ms V. |