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





the applicant was brought for further interrogation. He was assisted by counsel and refused to testify. According to the applicant, a police officer or several officers exerted pressure on him and hit him on the head with a folder in order to force him to make self-incriminating statements. On the same day Y. gave a more detailed statement in addition to her second statement made on 31 October 2000.
9. On 2 November 2000 the applicant refused the services of O., allegedly under pressure from unnamed officers. As follows from his written statement, he declined the services of counsel O. due to "contradicting positions on the case" and sought the appointment of a Ms Z. instead. The investigator appointed Z. as counsel and she assisted the applicant during the interview on the same day. The Government referred to the interview record from which it would follow that the applicant had made admissions on that date; that he had felt well and had been willing to give an oral testimony in the presence of counsel Z.; that he had been provided with an opportunity to have a consultation with counsel before the interview; and that he had had no complaints against any police officers. Ov. was also interviewed and provided a more detailed account of the events.
10. On 3 November 2000 the applicant was examined by a medical expert. The applicant had scratches on his left elbow, bruises and scratches on his right arm and legs, several cuts and scratches on his hands, scratches below the ribs, and a scratch on his head. According to the expert, the above injuries had been sustained four to nine days before the date of the examination.
11. On 10 November 2000 the applicant expressed a wish to be represented by O. again. However, on 7 December 2000 the applicant retained the services of another counsel, Mr S., who assisted him in the subsequent pre-trial and trial proceedings.
12. On 20 December 2000 O. (instead of counsel S.) requested the investigator to order an expert report to verify if the applicant had been emotionally disturbed when, according to his version, he had seen victim B. kill victim M. in the latter's house. However, the investigator rephrased the question to the expert as whether the applicant had been emotionally disturbed when the victims had been murdered.
13. Ov. and Y. were interviewed again in 2001. The investigator also interviewed K., who stated that on 28 October 2000 he had been together with the applicant until his departure in the evening; that Ov. told him that the applicant had killed M. and B.
14. On an unspecified date, the applicant was charged with murder, robbery and destruction of property. The case was referred to the Ivanovo Regional Court for trial by a jury.

2. The trial

15. The trial judge considered that it was appropriate to accept in evidence the applicant's interview record of 2 November 2000 since the applicant's allegation of duress was unfounded. The applicant argued that he had seen victim B. kill victim M.; he admitted the arson of the house but pleaded legitimate self-defence in respect of causing injuries to victim B. during a violent fight.
16. It also appears that a number of expert reports were presented to the jury. It transpires from the available material that one of the reports concluded that certain traces of blood at the crime scene and on the clothes of the applicant "could belong" to the applicant and victim B. who had the same blood group.
17. The jury heard a number of witnesses, including witnesses K., V., I., who had seen the applicant in Ov.'s flat on the day of the murders or on the next day. The trial judge allowed the reading out of their pre-trial depositions.
18. The jury also heard Ov. and the applicant was given an opportunity to put questions to him. At the court hearing Ov. alleged that he had previously made statemen



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