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Постановление Европейского суда по правам человека от 22.04.2010 «Дело Севастьянов (Sevastyanov) против России» [англ.]



(Application No. 37024/02)


(Strasbourg, 22.IV.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 Sevastyanov 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 25 March 2010,
Delivers the following judgment, which was adopted on that date:


1. The case originated in an application (No. 37024/02) 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 Russian national, Mr Pavel Igorevich Sevastyanov ("the applicant"), on 10 September 2002.
2. The applicant, who had been granted legal aid, was represented by Mr M. Rachkovskiy, a lawyer practising in Moscow, Russia. The Russian Government ("the Government") were represented by Ms V. Milinchuk, the then Representative of the Russian Federation at the European Court of Human Rights.
3. On 2 April 2007 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 § 3).
4. The Government objected to the joint examination of the admissibility and merits of the application. Having considered the Government's objection, the Court dismissed it.


I. The circumstances of the case

5. The applicant was born in 1979 and is serving a sentence of imprisonment in the Ivanovo Region.

A. Criminal proceedings against the applicant

1. The investigation

6. On 28 October 2000 victims B. and M. were killed in the latter's house. On 31 October 2000 the applicant was questioned in the Oktyabrskiy district prosecutor's office of Ivanovo in relation to the murders. Having been apprised of the privilege against self-incrimination, the applicant stated that he had spent most of the relevant day with his girlfriend Y. and his friend Ov., as well as several other persons (I., K. and V.), except for some time in the afternoon when Ov. and the applicant went to M.'s place but the latter was absent. The applicant added a note to the interview record alleging that he had been threatened with death or violence if he refused to make certain admissions. The record was also signed by a lawyer, Mr O. Immediately thereafter, the applicant signed a suspect arrest record, in which he indicated that he would like to be represented by O.
7. On the same evening, the investigator twice heard Y., who stated at the second interview around midnight that the applicant had told her that he had killed victim M. The investigator also interviewed Ov., who confirmed in substance the applicant's account of the events but added that the applicant had told him that he had killed victims M. and B. with an axe; Ov. had also heard the applicant discuss an alibi with Y.
8. On 1 November 2000

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