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Постановление Европейского суда по правам человека от 21.10.2010 «Дело Марьин (Maryin) против России» [англ.]



(Application No. 1719/04)


(Strasbourg, 21.X.2010)

<*> This judgment will become final in the circumstances set out in Article 44 § 2 of the Convention. It may be subject to editorial revision.

In the case of Maryin v. Russia,
The European Court of Human Rights (First Section), sitting as a Chamber composed of:
Christos Rozakis, President,
Nina {Vajic} <*>,
<*> Здесь и далее по тексту слова на национальном языке набраны латинским шрифтом и выделены фигурными скобками.

Anatoly Kovler,
Elisabeth Steiner,
Khanlar Hajiyev,
Dean Spielmann,
Sverre Erik Jebens, judges,
and {Andre} Wampach, Deputy Section Registrar,
Having deliberated in private on 30 September 2010,
Delivers the following judgment, which was adopted on that date:


1. The case originated in an application (No. 1719/04) against the Russian Federation lodged with the Court under Article 34 of the Convention for the Protection of Human Rights and Fundamental Freedoms ("the Convention") by a Russian national, Mr Konstantin Sergeyevich Maryin ("the applicant"), on 3 December 2003.
2. The applicant was represented by Mr S. Maryin, his father. The Russian Government ("the Government") were represented by Mr G. Matyushkin, Representative of the Russian Federation at the European Court of Human Rights.
3. The applicant alleged, in particular, that on 30 July 2005 he had been beaten up by guards at the remand prison and that the authorities had failed to conduct a proper investigation into the incident.
4. On 18 November 2008 the President of the First Section decided to give notice of the application to the Government. It was also decided to examine the merits of the application at the same time as its admissibility (Article 29 § 1).


I. The circumstances of the case

5. The applicant was born in 1983 and lives in Saransk, the Republic of Mordoviya.

A. Determination of the criminal
charge against the applicant

1. The first set of criminal proceedings

6. On 12 October 2002 the applicant was arrested and charged with rape. He was released two days later on an undertaking not to leave town. On an unspecified date the applicant moved to Moscow. He was subsequently apprehended on a train going from Moscow to Saransk and remanded in custody pending investigation and trial on 21 August 2003.
7. The Insarskiy District Court of the Republic of Mordoviya opened the trial against the applicant on 10 September 2003 and appointed lay assessors P. and S. as members of the bench considering the criminal charge against the applicant on 17 September 2003. On 23 September 2003 the applicant unsuccessfully challenged the composition of the bench, alleging that the term of office of the lay assessors had expired.
8. The applicant was found guilty as charged and sentenced to five years' imprisonment. The District Court delivered the verdict on 2 October 2003. On 3 December 2003 the Supreme Court of the Republic of Mordoviya upheld it on appeal.

2. The second set of criminal proceedings

9. On 2 February 2004 the Supreme Court of the Republic of Mordoviya granted a request by the applicant for supervisory review. The court noted that the second-instance court had failed to address all the issues raised by the applicant in his points of appeal. The Presidium of the

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