Information Note on the Court’s case-law 60

January 2004

Berdzenishvili v. Russia (dec.) - 31697/03

Decision 29.1.2004 [Section I]

Article 35

Article 35-1

Six month period

Final domestic decision

Request for supervisory review of judgment: inadmissible

Facts – The applicant, who is of Georgian ethnic origin, and two other persons were charged with murder. He was sentenced to 7 years’ imprisonment, whilst the oth er co-accused, both of Russian origin, received lighter sentences. The applicant lodged a cassation appeal, but the Supreme Court upheld the judgment. He subsequently submitted a complaint for supervisory review of the judgment to the Presidium of the Supr eme Court, which was refused. His complaint to the Court is on grounds of discrimination.

Inadmissible under Article 35 – As supervisory review was more akin to a retrial and could be lodged at any time after a judgment became enforceable, if such a proced ure were admitted as a remedy for the purposes of Article 35 it would create uncertainty and render the six-month rule nugatory. The date to take into account in calculating the six-month period was therefore the date of the judgment of the Supreme Court i n the cassation appeal, which implied the application was out of time.

© Council of Europe/European Court of Human Rights This summary by the Registry does not bind the Court.

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