THIRD SECTION

DECISION

Application no. 10100/17 Konstantin Aleksandrovich SHURKOV against Russia

(see appended table)

The European Court of Human Rights (Third Section), sitting on 6 October 2022 as a Committee composed of:

Darian Pavli , President,

Andreas Zünd ,

Frédéric Krenc , judges,

and Viktoriya Maradudina, Acting Deputy Section Registrar,

Having regard to the above application lodged on 20 May 2017,

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 8 § 1 of the Convention concerning the secret surveillance in the context of criminal proceedings were communicated to the Russian Government (“the Government”).

THE LAW

Having examined the material before it, the Court observes that the applicant lodged his complaint under Article 8 of the Convention on 20 May 2017, while the events complained of (authorisation of interception of the applicant’s telephone communications) took place in 2015. Even assuming that the applicant only learned about such interception in the course of the criminal proceedings against him which ended with the appeal judgment of the Sverdlovsk Regional Court on 24 October 2016, the Court notes that the applicant introduced his complaint more than six months after the end of those proceedings.

In view of the above, the Court finds that the present complaint was lodged outside the six-month time-limit set forth in Article 35 § 1 of the Convention. It must therefore be rejected in accordance with Article 35 §§ 1 and 4 of the Convention.

For these reasons, the Court, unanimously,

Declares the application inadmissible.

Done in English and notified in writing on 27 October 2022.

Viktoriya Maradudina Darian Pavli Acting Deputy Registrar President

APPENDIX

Application raising complaints under Article 8 § 1 of the Convention

(secret surveillance in the context of criminal proceedings)

Application no.

Date of introduction

Applicant’s name

Year of birth

Type of secret surveillance

Date of the surveillance authorisation

Name of the issuing authority

Other relevant information

10100/17

20/05/2017

Konstantin Aleksandrovich SHURKOV

1978interception of telephone communications

27/08/2015, Federal Drug Control Service

The applicant was found guilty of drug dealing, the final decision on the matter having been taken by the Sverdlovsk Regional Court on 24/10/2016