FIFTH SECTION

Application no. 36320/06 Aleksandr Grigoryevich BEZVERKHNIY against Ukraine lodged on 30 August 2006

STATEMENT OF FACTS

The applicant, Mr Aleksandr Grigoryevich Bezverkhniy, is a Ukrainian national, who was born in 1976 and lives in the city of Vinnitsa , Ukraine . He is represented by Mr S. N. Gabruk, a lawyer practicing in the same city.

The circumstances of the case

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

At 11:15 a.m. on 14 September 2004 a certain S. was attacked and robbed by two persons on the staircase near her apartment. On the same day she allegedly recognised the applicant in the police photo album of previously convicted persons as one of those who had robbed her. At around 9 p.m. the applicant was arrested at his home. He was brought to a police station where S. recognised him and he confessed to robbing her. The applicant was placed in pre-trial detention.

According to the applicant, he was arrested because police officers had seen him at a trolleybus stop and knew he had already a criminal record.

On 4 October 2004 an advocate hired on an unknown date allegedly by the applicant ’ s family requested authorisation to represent the applicant.

On 14 October 2004 the applicant complained to a prosecutor that he had confessed because police officers had threatened to beat him.

On 29 November 2004 this complaint was rejected as unsubstantiated. On the same day the applicant ’ s lawyer was allowed to represent him. The applicant states that between 14 September and 29 November 2004 a number of investigation actions, such as his confrontation with S., took place in the absence of his lawyer. Despite the request from the Registry of this Court he did not provide copies of his requests (if any) to have a lawyer between 14 September and 4 October 2004.

On 6 May 2005 the Leninsky District Court of Vinnytsya convicted the applicant of robbery and sentenced him to nine years ’ imprisonment (subsequently the sentence was reduced to eight years). The court also dismissed the applicant ’ s complaints of ill-treatment as unsubstantiated.

In a court hearing the applicant denied his guilt and said that between 10 and 12 a.m. on 14 September 2004 he had been at a trolleybus stop together with A., O. and B. The court disregarded A. and O. ’ s statements in this respect since, according to the court, they were contradictory and various details as to what exactly they had been doing there and how the applicant had been clothed had differed in their descriptions. The court based its conclusion as for the applicant ’ s guilt on his confession and on S. ’ s evidence.

The judgment became final on 23 May 2006, after the Vinnytsya Regional Court of Appeal and the Supreme Court of Ukraine dismissed the applicant ’ s and his lawyer ’ s appeals. In their appeals they complained that the lawyer had been admitted to the case too late (on 29 November 2004).

COMPLAINTS

The applicant complains under Article 3 of the Convention that he had been tortured and treated in an inhuman manner by the police officers, and that the investigation into his complaints was ineffective.

The applicant complains that he was not provided with legal assistance and that he was not able to put questions to witnesses. The applicant cites Article 6 §§ 1 and 3 (b, c and d) of the Convention without any further specification.

The applicant finally invokes Article 13 of the Convention.

QUESTION TO THE PARTIES

Was the applicant able to defend himself through legal assistance of his own choosing, as required by Article 6 § 3 (c) of the Convention?