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Постановление Европейского суда по правам человека от 23.09.2010 «Дело Андрей Исаев (Andrey Isayev) против России» [англ.]







EUROPEAN COURT OF HUMAN RIGHTS

FIRST SECTION

CASE OF ANDREY ISAYEV v. RUSSIA
(Application No. 24490/03)

JUDGMENT <*>

(Strasbourg, 23.IX.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 Andrey Isayev 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,
Khanlar Hajiyev,
Dean Spielmann,
Sverre Erik Jebens,
Giorgio Malinverni, judges,
and {Soren} Nielsen, Section Registrar,
Having deliberated in private on 2 September 2010,
Delivers the following judgment, which was adopted on that date:

PROCEDURE

1. The case originated in an application (No. 24490/03) 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 Andrey Aleksandrovich Isayev ("the applicant"), on 28 May 2003.
2. The applicant was represented by Mr V. Kuvshinov. The Russian Government ("the Government") were represented by Mr G. Matyushkin, representative of the Russian Federation at the European Court of Human Rights.
3. On 5 December 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).

THE FACTS

I. The circumstances of the case

4. The applicant was born in 1978 and lives in Vladimir.

A. Criminal proceedings against the applicant

5. On 28 September 1998 he was convicted of theft by a competent court and given a suspended sentence of two years' imprisonment with a three-year delay in the execution of the sentence.
6. On an unspecified date the authorities brought a different set of criminal charges against the applicant. The Court is in possession of a letter written by the prosecutor's office of the Vladimir Region and dated by 30 April 1999 which contains the following statement: "...your son A.A. Isayev was arrested on 15 January 1999 in accordance with Section 122 of the Code of the Criminal Procedure of the Russian Soviet Federal Socialist Republic, after which, taking into account the circumstances of the case including his engagement in criminal activities during the service of a previous sentence, he was placed in detention and charged". According to the Government, the authorities did not arrest the applicant on 15 January 1999 as at the material time he was already in detention on account of a different criminal investigation against him, which ended in his conviction by the Oktyabrskiy District Court of Vladimir on 12 April 2000.
7. Between 7 and 9 June 2000 the applicant and his legal counsel studied the case file.
8. On 7 June 2000 and on 1 August 2001 the applicant requested that his case be examined by a jury.
9. On 2 July 2001 the criminal case against the applicant and his two co-defendants was forwarded to the Vladimir Regional Court ("the trial court") for trial.
10. On 16 July 2001 the trial court set the examination of the case for 30 July 2001.
11. On 30 July 2001 the trial court, composed of judge Sh. and two lay judges (на



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