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KOVSH v. RUSSIA

Doc ref: 9269/20 • ECHR ID: 001-220720

Document date: October 6, 2022

Inbound citations: 0
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Cited paragraphs: 0
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Outbound citations: 3

KOVSH v. RUSSIA

Doc ref: 9269/20 • ECHR ID: 001-220720

Document date: October 6, 2022

Cited paragraphs only

THIRD SECTION

DECISION

Application no. 9269/20 Roman Vladimirovich KOVSH 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 12 February 2020,

Having regard to the observations submitted by the respondent Government,

Having deliberated, decides as follows:

FACTS AND PROCEDURE

The applicant’s details are set out in the appended table. He was represented by Mr A. Osipov, a lawyer practising in Moscow.

The applicant’s complaints under Article 6 §§ 1 and 3 (d) of the Convention concerning the unfair trial in view of restrictions on the right to examine witnesses were communicated to the Russian Government (“the Government”).

THE LAW

In the present application, having examined all the material before it, the Court considers that the applicant’s complaint about the courts having held the criminal trial against him in the absence of a prosecution witness is inadmissible.

In particular, the Court notes that in the light of the principles established in the case-law under Article 6 §§ 1 and 3 (d) of the Convention (see notably Al-Khawaja and Tahery v. the United Kingdom [GC], nos. 26766/05 and 22228/06, §§ 118-47, ECHR 2011, and Schatschaschwili v. Germany [GC], no. 9154/10, §§ 100-31, ECHR 2015) the applicant’s criminal trial complied with the overall fairness requirement.

In view of the above, the Court finds that this complaint is manifestly ill-founded and must be rejected in accordance with Article 35 §§ 3 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 6 §§ 1 and 3 (d) of the Convention

(unfair trial in view of restrictions on the right to examine witnesses)

Application no.

Date of introduction

Applicant’s name

Year of birth

Representative’s name and location

Final domestic decision

Charges convicted of

Witness absent from trial (indicated by initials)

Summary of the nature of the witness evidence

Reasons for absence

9269/20

12/02/2020

Roman Vladimirovich KOVSH

1970Artem Leonidovich Osipov

Moscow

Saratov Regional Court

15/08/2019

attempted bribery

Yep.

Yep. was the co-defendant in the same case who had concluded the plea-bargaining agreement with the prosecution

death

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