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Постановление Европейского суда по правам человека от 22.07.2010 <Дело Самошенков и Строков (Samoshenkov and Strokov) против России» [англ.]







EUROPEAN COURT OF HUMAN RIGHTS

FIRST SECTION

CASE OF SAMOSHENKOV AND STROKOV v. RUSSIA
(Applications Nos. 21731/03 and 1886/04)

JUDGMENT <*>

(Strasbourg, 22.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 Samoshenkov and Strokov 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 1 July 2010,
Delivers the following judgment, which was adopted on that date:

PROCEDURE

1. The case originated in two applications (Nos. 21731/03 and 1886/04) 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 two Russian nationals, Mr Andrey Petrovich Samoshenkov ("the first applicant") and Mr Igor Gennadiyevich Strokov ("the second applicant"), on 19 May and 10 November 2003.
2. The applicants, who had been granted legal aid, were represented by Mr P.A. Finogenov, a lawyer with the International Protection Centre, a Moscow-based human-rights NGO. The Russian Government ("the Government") were represented by Mr G. Matyushkin, the Representative of the Russian Federation at the European Court of Human Rights.
3. On 5 May and 23 June 2008 the President of the First Section decided to give notice of the applications to the Government. It was also decided to examine the merits of the applications at the same time as their admissibility (Article 29 § 1).
4. The Government objected to the joint examination of the admissibility and merits of the applications. Having considered the Government's objection, the Court dismissed it.

THE FACTS

I. The circumstances of the case

5. The applicants were born in 1962 and 1967 respectively and are now serving their sentence in the Chelyabinsk Region.

A. Criminal proceedings against the first applicant

6. On 14 January 1995 the first applicant was arrested on suspicion of murder, an offence punishable with up to fifteen years' imprisonment or capital punishment. On 28 February 1996 he was formally charged with murder and on 6 December 1996 committed to stand trial before the Chelyabinsk Regional Court.
7. On 26 February 1997 and 5 February 1999 the Regional Court returned the case to the prosecutor for additional investigation.
8. On 9 November 2000 the Chelyabinsk Regional Court convicted the first applicant of inflicting grievous bodily harm and sentenced him to six years' imprisonment. However, he was immediately released on the basis of a general amnesty.
9. On 31 October 2001 the Supreme Court of the Russian Federation quashed the judgment on appeal and ordered a retrial by a different bench.
10. The new trial opened on 6 December 2001. Owing to the absence of co-defendants, the hearing was first adjourned until 29 December 2001 and then again until 11 February 2002. The first applicant failed to appear at that hearing and on 20 February 2002 the Regional Court issued a search warrant and severed his case from the



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