THIRD SECTION

DECISION

Application no. 19550/10 Gennadiy Vladimirovich IVANOV against Russia

The European Court of Human Rights (Third Section), sitting on 16 March 2021 as a Committee composed of:

Darian Pavli, President, Dmitry Dedov , Peeter Roosma, judges,

and Olga Chernishova, Deputy Section Registrar ,

Having regard to the above application lodged on 13 March 2010,

Having regard to the observations submitted by the respondent Government,

Having deliberated, decides as follows:

THE FACTS

The applicant, Mr Gennadiy Vladimirovich Ivanov, is a Russian national, who was born in 1975 and is detained in Yes s entuki .

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.

The applicant complained under Article 6 of the Convention about his absence at the appeal hearing. On 25 November 2016 the Russian Government were given notice of the above complaint. On 17 March 2017 they submitted their observations on the admissibility and merits of the complaint. The applicant did not submit his observations in reply.

The facts of the case, as submitted by the parties, may be summarised as follows.

On 29 September 2009 the Predgorniy District Court of the Stavropol Region convicted the applicant of production and storage of drugs in large quantities without an intention to sell and sentenced him to one year ’ s imprisonment.

On 25 November 2009 the Stavropol Regional Court upheld the judgment. The applicant and his lawyer were not present on appeal.

On 27 December 2016 the Deputy Prosecutor of the Stavropol Region requested to annul the decision of the Stavropol Regional Court of 25 November 2016.

On 20 March 2017 the Stavropol Regional Court recognized a violation of the applicant ’ s right to defence due to his and his lawyer ’ s absence at the appeal hearing and sent the criminal case for reconsideration by the appellate court.

No information on further progress of the proceedings was provided to the Court.

THE LAW

The Court notes that the appeal judgment of 25 November 2009 by the Stavropol Regional Court has been annulled due to a violation of the applicant ’ s defence rights, i.e. his and his lawyer ’ s absence at the appeal hearing, and that the reconsideration of the case has been ordered. Therefore, the Court is satisfied that the national authorities acknowledged a violation of the applicant ’ s Article 6 rights and provided him adequate redress.

In the light of the above, the Court considers that the matter has been resolved within the meaning of Article 37 § 1 (b) of the Convention and that respect for human rights as defined in the Convention and its Protocols does not require it to continue the examination of the application under Article 37 § 1 in fine .

Accordingly, the case should be struck out of the list.

For these reasons, the Court, unanimously,

Decides to strike the application out of its list of cases.

Done in English and notified in writing on 8 April 2021 .

Olga Chernishova Darian Pavli Deputy Registrar President