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Постановление Европейского суда по правам человека от 08.07.2010 <Дело Александр Матвеев (Aleksandr Matveyev) против России» [англ.]





the victim P. and his especially cruel murder by [the applicant]". In finding the applicant guilty, the court also referred to various pieces of evidence, including, in particular, statements from four witnesses, the crime scene inspection report, three identification parade reports, a record of the identification of the stolen goods, seizure records, forensic medical and biological reports and the applicant's explanations about the blood spots on his jacket.
26. During the trial the defence argued that the applicant had been forced by the authorities to confess, with threats of violence. In this respect, the court established the following:
"As to [the applicant's] allegations that, by threatening him with violence and even death, the police officers had forced him to confess to having killed and robbed P., witness Pe. [the investigator] stated that no violence or threats were applied to [either] co-accused throughout their arrest and questioning. They gave evidence voluntarily, on some occasions in the presence of their defence counsel.
In this connection Matveyev [the applicant] submitted at a court hearing that Pe. had never threatened him at the pre-trial investigation and that he [the applicant] did not know the names of the police officers who had threatened him and would not be able to identify them."
27. According to the minutes of the hearing, the applicant and his counsel did not object to the conclusion of the trial in the absence of witness M. The hearing transcript also contains no indication that the applicant or his defence counsel requested the court to summon witness K.
28. It appears that some time after the trial the defence changed their counsel.
29. The applicant, his newly appointed counsel and his mother, admitted to the appeal proceedings as a "public defender", appealed against the conviction. In his appeal submissions, the applicant's counsel alleged, among other things, that the trial court had failed to summon and examine witnesses K. and M.; that in ordering the applicant's compulsory medical treatment it had failed to properly take into account his state of health; and that it should not have based the applicant's conviction on his forced pre-trial statements and referred to the statement of the investigator in rejecting his submission that the victim had been killed by a third person. The applicant's counsel further contested at length the way in which the trial court had assessed the evidence before it. In his own appeal submissions, the applicant alleged that he had not killed P.

2. Decision on the applicant's objections
to the transcript of the Court hearings

30. By a decision of 18 April 2000, judge Sh. rejected the applicant's objections to the transcript of the court hearings as unfounded and tending to revise the facts established by the trial court.

3. Appeal proceedings

31. By decision of 27 September 2001 the Supreme Court upheld the judgment in respect of the applicant. The hearing was conducted by way of videoconferencing. Both the applicant and his mother were given the floor.
32. The court held, in particular, that:
"Having analysed the evidence gathered in the case in its entirety, the first-instance court reached a well-founded conclusion as to [the applicant]'s and [V.'s] guilt in the crimes committed by them... [,] having provided sufficient reasons for its conclusions concerning their guilt and the classification of the defendants' acts.
The case was investigated and examined by the [trial] court without any significant violations of the provisions of the RSFSR CCrP which could have had prejudiced the court's judgment, including the issue of admissibility of evidence."

C. Conditions of detention





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