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STEPIN v. RUSSIA

Doc ref: 57884/13 • ECHR ID: 001-161968

Document date: March 16, 2016

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STEPIN v. RUSSIA

Doc ref: 57884/13 • ECHR ID: 001-161968

Document date: March 16, 2016

Cited paragraphs only

Communicated on 16 March 2016

THIRD SECTION

Application no. 57884/13 Anton Aleksandrovich STEPIN against Russia lodged on 15 August 2013

STATEMENT OF FACTS

The applicant, Mr Anton Aleksandrovich Stepin , is a Russian national who was born in 1983 and is currently serving a sentence of imprisonment in the Murmansk Region.

A. The circumstances of the case

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

On an unspecified date the police were informed by Ms. S. that the applicant was selling drugs.

On 28 November 2012 the police conducted a test purchase of heroin from the applicant. In the course of the operation Ms S., acting as an undercover police agent, bought a very large amount of heroin from the applicant. The applicant was later arrested and was found in possession of marked banknotes.

On 29 November 2012 criminal proceedings were instituted against the applicant.

On 30 November 2012 charges were brought against the applicant and the latter was remanded in custody.

During the trial the applicant denied having sold the drugs to Ms S. on 28 November 2012 and argued that the police had planted the marked banknotes on him.

During the trial the applicant requested that the trial court secure the attendance of defence witness Ms V., who could have testified that she used to buy drugs from Ms S. However, the applicant ’ s request was rejected as irrelevant for the purposes of the proceedings against him.

On 17 May 2013 the Oktyabrskiy District Court of Murmansk convicted the applicant of an attempted large-scale drug sale and the unlawful storage of narcotic drugs in particularly large quantities, and sentenced him to eight years four months ’ imprisonment.

Throughout the trial the applicant was confined in a metal cage.

The applicant appealed against his conviction, complaining, inter alia , of an unlawful test purchase conducted by the police.

On 16 July 2013 the Murmansk Regional Court upheld the judgment of 17 May 2013 on appeal.

B. Relevant domestic law and practice

For a summary of relevant domestic law and practice and relevant international material and practice see Svinarenko and Slyadnev v. Russia [GC], nos. 32541/08 and 43441/08 , § § 53-76 , ECHR 2014 (extracts).

QUESTION S TO THE PARTIES

1. Was the applicant subjected to degrading treatment, in breach of Article 3 of the Convention, on account of his confinement in a metal cage in the courtroom of the Oktyabrskiy District Court of Murmansk (see Svinarenko and Slyadnev v. Russia [GC], nos. 32541/08 and 43441/08 , §§ 113-39, ECHR 2014 (extracts))?

2. The Government are invited to provide a detailed description and photographs of the metal cage used to confine the applicant in the courtroom concerned.

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