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Постановление Европейского суда по правам человека от 16.09.2010 «Дело Данилин (Danilin) против России» [англ.]







EUROPEAN COURT OF HUMAN RIGHTS

FIRST SECTION

CASE OF DANILIN v. RUSSIA
(Application No. 4176/03)

JUDGMENT <*>

(Strasbourg, 16.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 Danilin v. Russia,
The European Court of Human Rights (First Section), sitting as a Chamber composed of:
Christos Rozakis, President,
Anatoly Kovler,
Elisabeth Steiner,
Dean Spielmann,
Sverre Erik Jebens,
Giorgio Malinverni,
George Nicolaou, judges,
and {Soren} <*> Nielsen, Section Registrar,
--------------------------------
<*> Здесь и далее по тексту слова на национальном языке набраны латинским шрифтом и выделены фигурными скобками.

Having deliberated in private on 26 August 2010,
Delivers the following judgment, which was adopted on that date:

PROCEDURE

1. The case originated in an application (No. 4176/03) 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 Zakhar Olegovich Danilin ("the applicant"), on 8 January 2003.
2. The applicant was represented by Mr Oleg Danilin, a lawyer practising in Moscow. The Russian Government ("the Government") were represented by Mrs V. Milinchuk, former Representative of the Russian Federation at the European Court of Human Rights.
3. The applicant alleged, in particular, that the conditions of his detention had been appalling, that his pre-trial detention had been unlawful, that the criminal proceedings against him had been unfair and the authorities had erred in application of the domestic law.
4. On 5 April 2007 the President of the First Section decided to communicate the complaint concerning the applicant's conditions of detention 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

5. The applicant was born in 1979 and lives in Moscow.

A. Criminal proceedings against the applicant

6. In April 2000 the authorities brought criminal proceedings against the applicant on suspicion of robbery. During the trial the applicant was also accused of theft.
7. By a judgment of 20 July 2001 the Zelenogradskiy District Court ("the District Court") convicted the applicant on both counts.
8. The applicant appealed against the judgment and on 23 October 2001 the Moscow City Court ("the City Court") quashed the conviction on appeal and remitted the case for a fresh examination at the first instance.
9. On 4 June 2002 the District Court again convicted the applicant of robbery and theft and sentenced him to nine years' imprisonment.
10. The applicant's appeal against the judgment was dismissed by the City Court on 9 July 2002.
11. On 15 April 2004 the City Court, acting by way of supervisory review, upheld the judgment of 4 June and the decision of 9 July 2002 in part relating to the count of robbery and quashed the rest of the applicant's conviction.
12. The court established that there had been various irregularities in the criminal proceedings in so far as they related to the count of theft and, in particular, the fact that the applicant had not been given a reasonable opportunity to prepare his defence and state his case properly. The applicant was accordingly a



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