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Постановление Европейского суда по правам человека от 02.09.2010 <Дело Сергей Тимофеев (Sergey Timofeyev) против России» [англ.]



(Application No. 12111/04)


(Strasbourg, 2.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 Sergey Timofeyev v. Russia,
The European Court of Human Rights (Fifth Section), sitting as a Chamber composed of:
Peer Lorenzen, President,
Karel Jungwiert,
Anatoly Kovler,
Rait Maruste,
Mark Villiger,
Isabelle {Berro-Lefevre} <*>,
<*> Здесь и далее по тексту слова на национальном языке набраны латинским шрифтом и выделены фигурными скобками.

Mirjana Lazarova Trajkovska, judges,
and Stephen Phillips, Deputy Section Registrar,
Having deliberated in private on 6 July 2010,
Delivers the following judgment, which was adopted on that date:


1. The case originated in an application (No. 12111/04) 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 Sergey Vladislavovich Timofeyev ("the applicant"), on 10 March 2004.
2. 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 28 April 2008 the President of the Fifth 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).
4. The Government objected to the joint examination of the admissibility and merits of the application. Having considered the Government's objection, the Court dismissed it.


I. The circumstances of the case

5. The applicant was born in 1968 and lives in the town of Shakhty, in the Rostov Region.
6. On 10 July 1995 the Shakhty Prosecutor's Office instituted criminal proceedings against the applicant and Mr P. for rape and attempted rape of two victims. On 10 October 1995 the proceedings were terminated for lack of evidence.
7. On 13 December 1995 the decision of 10 October 1995 was quashed and the case was remitted for a further investigation.
8. On 1 July 1996 the applicant was remanded in custody on suspicion of rape and attempted rape. On an unspecified date he was released. A preventive measure in the form of an undertaking not to abscond was applied both to the applicant and Mr P.
9. On 1 July 1997 the Shakhty Town Court acquitted the applicant and Mr P. of rape and attempted rape.
10. On 15 January 1998 the Rostov Regional Court quashed the first-instance judgment on appeal and remitted the case for a fresh examination.
11. On 6 August 1998 the Presidium of the Rostov Regional Court quashed the judgment of 15 January 1998 and remitted the case for a new examination in the second instance.
12. On 26 August 1998 a hearing before the Rostov Regional Court was postponed because the applicant's counsel, Mr K., was occupied.
13. On 9 September, 14 October and 4 November 1998 the Rostov Regional Court postponed appeal hearings because the applicant was ill.
14. On 9 December 1998 the Rostov Regional Court postponed a hearing because they had received a telegram from an anonymous sender requesting that the applicant's case be taken off the list of appeals to be heard.

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