Published on 9 August 2021

FIFTH SECTION

Application no. 12358/15 Roman Anatoliyovych VARAVA against Ukraine lodged on 21 February 2015 c ommunicated on 15 July 2021

SUBJECT MATTER OF THE CASE

The applicant was convicted of rape and sentenced to nine years ’ imprisonment. On 27 November 2014 the High Specialised Court for Civil and Criminal Cases upheld his conviction. The courts relied, in part, on self-incriminating statements made by the applicant in the arrest report and in the course of reconstruction of events conducted shortly after his arrest.

On 28 May 2014 the applicant ’ s former legal aid lawyer was disbarred for failing to attend the relevant investigative actions at which the applicant had made those statements. He raised this point in his appeal but to no avail.

The applicant complains that his rights to a lawyer and to effective legal assistance were breached.

QUESTION TO THE PARTIES

Did the applicant have a fair hearing in the determination of the criminal charges against him, in accordance with Article 6 § 1 of the Convention and in light of the procedural guarantees afforded by Article 6 § 3 (c) of this provision?