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ALIYEV AND OTHERS v. RUSSIA
Doc ref: 5723/09, 52182/10, 54569/10, 56106/10, 10326/11, 37103/13, 1659/14, 2920/14, 25507/14, 26571/14, 303... • ECHR ID: 001-201723
Document date: February 4, 2020
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ALIYEV AND OTHERS v. RUSSIA
Doc ref: 5723/09, 52182/10, 54569/10, 56106/10, 10326/11, 37103/13, 1659/14, 2920/14, 25507/14, 26571/14, 303... • ECHR ID: 001-201723
Document date: February 4, 2020
Cited paragraphs only
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.
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