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SIMONOV AND AGLIULLIN v. RUSSIA
Doc ref: 1380/14;43772/15 • ECHR ID: 001-223119
Document date: January 19, 2023
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SIMONOV AND AGLIULLIN v. RUSSIA
Doc ref: 1380/14;43772/15 • ECHR ID: 001-223119
Document date: January 19, 2023
Cited paragraphs only
THIRD SECTION
DECISION
Applications nos. 1380/14 and 43772/15 Andrey Nikolayevich SIMONOV against Russia and Ayrat Vagizovich AGLIULLIN against Russia
(see appended table)
The European Court of Human Rights (Third Section), sitting on 19 January 2023 as a Committee composed of:
Darian Pavli , President , Ioannis Ktistakis, Andreas Zünd , judges ,
and Viktoriya Maradudina, Acting Deputy 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 applicant,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
The list of applicants is set out in the appended table.
The applicants’ 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
Having regard to the similar subject matter of the applications, the Court finds it appropriate to examine them jointly in a single decision.
In the present applications, having examined all the material before it, the Court considers that the applicants’ complaints that they had been unable to obtain attendance of forensic expert witnesses are inadmissible.
In particular, the Court accepts that, in the light of the principles established in the case-law under Article 6 §§ 1 and 3 (d) of the Convention (see Murtazaliyeva v. Russia [GC], no. 36658/05, §§ 117-27, 18 December 2018), the applicants’ criminal trials had complied with overall fairness requirement.
In view of the above, the Court finds that these complaints are manifestly ill-founded and must be rejected in accordance with Article 35 §§ 3 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 9 February 2023.
Viktoriya Maradudina Darian Pavli Acting Deputy Registrar President
APPENDIX
List of applications raising complaints under Article 6 §§ 1 and 3 (d) of the Convention
(unfair trial in view of restrictions on the right to examine witnesses)
No.
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
1380/14
25/11/2013
Andrey Nikolayevich SIMONOV
1965Zhukov Aleksandr Vladimirovich
Tyumen
Tyumen Regional Court
17/05/2013
violation of road traffic regulations resulting in the death of two persons
Mr. T.
expert witness
the witness took part in preparation of the road traffic accident report
Unknown
43772/15
18/08/2015
Ayrat Vagizovich AGLIULLIN
1989Radnayeva Nadezhda Valeryevna
Balashikha
Sarapulskiy District Court of the Republic of Udmurtia
12/12/2014
violation of road traffic regulations resulting in the death of a person
Mr. M.
expert witness
the witness took part in preparation of the road traffic accident report
The domestic courts refused to summon the witness
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