Communicated on 3 March 2021 Published on 22 March 2021

THIRD SECTION

Application no. 41681/20 Vladimir Leonidovich KOVALEV against Russia lodged on 3 September 2020

SUBJECT MATTER OF THE CASE

The application concerns criminal proceedings against the applicant sentenced to 12 years ’ imprisonment for committing a sex crime in respect of a minor. The witness D.L., a minor at the time of the applicant ’ s trial, was not cross-examined in open court and her pre-trial statements were read out as evidence.

QUESTIONS TO THE PARTIES

Did the applicant have a fair hearing in the determination of the criminal charges against him , in accordance with Article 6 of the Convention (see Al ‑ Khawaja and Tahery v. the United Kingdom [GC], nos. 26766/05 and 22228/06, §§ 118-51, 15 December 2011, and Schatschaschwili v. Germany [GC], no. 9154/10, §§ 113, 116, 15 December 2015) ? In particular,

(a) Was the applicant able to examine witness D.L. testifying against him as required by Article 6 § 3 (d) of the Convention?

(b) Was the national authorities ’ decision not to cross-examine D.L. in open court based on the recommendations of a medical or a psychological expert examination (see Przydział v. Poland , no. 15487/08, § 48, 24 May 2016; and as example of application of the principles, Kiba and Others v. Russia ( dec. ) [ Commitee ], nos. 38047/08 and 2 others , § 14, 17 April 2018)?

(c) Were the submissions of D.L. sole or decisive for the applicant ’ s conviction?