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Постановление Европейского суда по правам человека от 29.07.2010 <Дело Кононцев (Konontsev) против России» [англ.]



(Application No. 19732/04)


(Strasbourg, 29.VII.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 Konontsev 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 6 July 2010,
Delivers the following judgment, which was adopted on that date:


1. The case originated in an application (No. 19732/04) 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 Kyrgyz national, Valeriy Konontsev ("the applicant"), on 7 June 2004.
2. The applicant was represented by Ms A. Stavitskaya, a lawyer practising in Moscow. 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, with a view to extradition to Kyrgyzstan, his detention had been unlawful.
4. On 14 January 2009 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

A. Background information and proceedings in Kyrgyzstan

5. The applicant was born in Kyrgyzstan in 1966. It appears that he currently lives in Kyrgyzstan.
6. On 21 August 1996 the Investigation Department of the Ministry of National Security of Kyrgyzstan ("the Investigation Department") indicted the applicant on serious fraud charges. According to the decision on indictment, the applicant had failed to pay for 150 TV sets which he had received under a consignment agreement with a joint stock company. On the same date the Investigation Department ordered the arrest of the applicant. On 27 August 1996 the applicant's name was put on a wanted list.

B. Proceedings in Russia

1. Extradition proceedings

7. On 9 July 2003 the applicant was arrested in Russia (see paragraph 13 below).
8. On 29 August 2003 the General Prosecutor's Office of Russia received a request from their counterpart in Kyrgyzstan for the extradition of the applicant.
9. On 6 April 2004 the Deputy Prosecutor General of Russia authorised the extradition of the applicant to Kyrgyzstan. The applicant challenged the extradition order in court.
10. On 13 May 2004 the Moscow City Court upheld the extradition order as lawful and justified. The applicant appealed.
11. On 29 July 2004 the Supreme Court of Russia ("the Supreme Court") upheld the decision of 13 May 2004 on appeal.
12. From the submitted materials, it appears that, on an unspecified date after 29 July 2004, the applicant was extradited to Kyrgyzstan.

2. Detention pending extradition of the applicant

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