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





15. On 29 December 1998, as well as on 3 February and 3 March 1999 the Rostov Regional Court postponed appeal hearings because of the applicant's illness.
16. On 14 April 1999 the Rostov Regional Court decided to examine the appeal in the applicant's absence, quashed the judgment of 1 July 1997 and remitted the case for a fresh examination in the first instance. The applicant's counsel was not present at the hearing.
17. On 11 May 1999 the Shakhty Town Court scheduled a hearing for 8 June 1999.
18. On 8 June 1999 the Shakhty Town Court ordered Mr P. to be summoned to a hearing. It appears that Mr P. failed to comply with the summons.
19. On 2 July 1999 the criminal proceedings against the applicant and Mr P. were suspended. The preventive measure in Mr P.'s respect was changed to custodial detention and he was put on a wanted list. The Shakhty Town Court decided not to proceed with the examination of the case. The applicant and his lawyer did not appeal against the decision.
20. On 4 January 2002 the criminal proceedings were resumed in respect of the applicant.
21. On 10 January 2002 the Shakhty Town Court postponed a trial hearing owing to the applicant's failure to appear.
22. On 23 January 2002 a trial hearing was postponed to 18 February 2002.
23. On 18 February 2002 a hearing was postponed owing to witnesses' and the applicant's counsel's failure to appear. Mr K. was absent because of a business trip.
24. On 26 February 2002 a hearing was postponed because of the applicant's illness.
25. On 14 March 2002 a hearing was postponed on a prosecutor's request in charge of the search for Mr P.
26. On 18 March 2002 a hearing was postponed because one of the victims failed to attend.
27. On 21 March 2002 a hearing was postponed until 22 March 2002 on the applicant's request, to allow him to study the case file.
28. On 21 March 2002 the Shakhty Town Court dismissed Mr K.'s request to suspend the proceedings against the applicant pending the search for Mr P. The applicant's counsel appealed against the ruling on the same day.
29. Between 22 March and 1 April 2002 the Shakhty Town Court held hearings on the applicant's case every day.
30. On 28 March 2002 the Shakhty Town Court dismissed the applicant's request that the proceedings be terminated on the basis of the Act of Amnesty in Commemoration of the 55th Anniversary of the Victory in the Great Patriotic War of 1941 - 45 adopted by the Russian State Duma on 26 May 2000 ("the Amnesty Act").
31. On 1 April 2002 a hearing was postponed because the applicant was ill.
32. On 9 April 2002 the criminal proceedings in respect of the applicant were suspended because of his illness.
33. On 23 April 2002 the Rostov Regional Court upheld the rulings of 21 and 28 March 2002.
34. On 13 June 2002 the proceedings against the applicant were resumed and a hearing was scheduled on 27 June 2002.
35. On 27 June 2002 the Shakhty Town Court held a hearing, dismissed the applicant's challenge in respect of the composition of the court and a request for a medical examination and postponed the hearing until 23 August 2002.
36. On 25 July 2002 the Presidium of the Rostov Regional Court quashed by way of supervisory review the refusal to dismiss the applicant's requests of 27 June 2002.
37. On 16 August 2002 the Chief Doctor of the Shakhty Oncological Dispensary informed the trial court that the applicant had been diagnosed with malignant lymphoma and had undergone gastrectomy (removal of the stomach) and hemicolectomy (removal of a part of the colon). He underlined that the applicant had a first-degree disability and "dumping syndrome" (rapid fall in blood sugar after eating) which did not allow him to p



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