Communicated on 10 January 2020

Published on 27 January 2020

THIRD SECTION

Application no. 41229/18 Aleksey Aleksandrovich SHAMARDIN against Russia lodged on 9 August 2018

STATEMENT OF FACTS

The applicant, Mr Aleksey Aleksandrovich Shamardin , is a Russian national, who was born in 1978 and lives in Voronezh.

The circumstances of the case

The facts of the case, as submitted by the applicant, may be summarised as follows.

On 24 January 2018 at 3.55 p.m. the police arrested the applicant on the charge of refusal to comply with the lawful order of a police officer. The applicant remained in custody pending the judicial proceedings against him.

On the same date at 6.40 p.m. the Leninskiy District Court of Voronezh started the consideration of the applicant ’ s case. The court heard the case in the absence of a prosecuting party. It found the applicant guilty as charged and sentenced him to 6 days ’ detention. The applicant appealed.

On 16 March 2018 the Voronezh Regional Court upheld the judgment of 24 January 2018.

COMPLAINTS

The applicant complains under Article 5 § 1 of the Convention that his arrest and detention were not “lawful” or “in accordance with a procedure prescribed by law”.

The applicant complains under Article 6 of the Convention that the courts which dealt with his case were not impartial.

QUESTIONS TO THE PARTIES

1. Were the applicant ’ s arrest and detention “lawful” and “in accordance with a procedure prescribed by law” as required by Article 5 § 1 of the Convention (see Lashmankin and Others v. Russia , nos. 57818/09 and 14 others, §§ 489-90, 7 February 2017 ) ?

2. Were the courts which dealt with the applicant ’ s case im partial, as required by Article 6 § 1 of the Convention (see Karelin v. Russia , no. 926/08 , §§ 38-85, 20 September 2016) ?