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

br /> 28. On 25 June 2003 the Town Court rejected the applicants' request for examination of the investigators Ms K. and Ms P. and the expert witness Mr Ku. It noted that the investigator Ms P. had already been examined in court, that the investigator Ms K. had not taken part in the investigating of the criminal case, and that the expert Mr Ku. had not been required to give his opinion on the origin of the victim's injuries. The applicants did not appeal against the decision.
29. On 1 July 2003 the Miass Town Court delivered its judgment. It found that, driven by personal enmity against the victim Mr O., the applicants had beaten him and had also forced him to hand over the keys and registration papers for his Mercedes car. The court did not accept the applicants' defence that the first applicant had legitimately purchased the car from Mr O. In finding the applicants guilty of robbery, the court referred to the following evidence:
(a) The testimony by the victim, Mr O., who related to the court that on 5 October 2001 he had gone to an office in Miass for business negotiations concerning a failure to make payment for a shipment of metal belonging to his uncle Mr St. He had been surprised to see in the office both applicants, whom he had not previously known. They had shouted at him and the first applicant had broken a leg off a chair and attempted to hit him with it. They demanded that he give them keys and registration papers for his Mercedes car. When he refused, they had punched and kicked him and also hit him on his head with the chair leg. Subsequently Mr O. had been told by a middleman that he was to pay 1,000 United States dollars "to settle the problem" and also transfer the registration of his Mercedes car to the first applicant, which he did on 12 October 2001 at the traffic police department of Magnitogorsk.
(b) The testimony by Mr St. who had gone to the meeting together with Ms E. and his nephew Mr O. He had seen both applicants shout at Mr O. and wield the chair leg. He had not seen what had happened thereafter because the first applicant had told him to go outside. Later, he had seen Mr O. with his face covered in blood and the first applicant driving Mr O.'s car.
(c) The pre-trial statement by Ms E. who had gone to the meeting together with Mr St. and had seen both applicants in the office. Although she had remained outside, she had seen through the window that the first applicant had been beating Mr O. with some kind of a wooden stick, and that Mr O. was covered in blood and swollen when leaving the office.
(d) The pre-trial statement by Mr B. who had seen the applicants in the office. He had gone away on a personal errand for some fifteen minutes and upon his return he had seen Mr O. with a wound on his head and bloodstains on his jacket.
(e) The testimony of Ms M. who had not been present in the office but who had seen Mr O. covered in blood.
(f) The testimony of Mr and Ms V., who had been around the office but had not seen anyone beat Mr O.
(g) The testimony of Mr U., a former traffic-police officer in Magnitogorsk, who said that it might be possible that he had registered the transfer of ownership of the Mercedes car but he could not remember it clearly.
(h) The testimony by the former police officer Mr F. and investigator Ms P., who had detained and interviewed the first applicant in April or May 2002.
(i) Documents concerning the financial transaction which had been the source of conflict, and the Mercedes car.
(j) Forensic reports showing that Mr O. had injuries from being struck with a blunt object that may have been caused in October 2001, and that Mr O. was a person of sound mind.
30. The Town Court sentenced the first applicant to eight years' imprisonment and the second applicant to three years' imprisonment. The applicants and their counsel appeal

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