Постановление Европейского суда по правам человека от 18.02.2010 «Дело Анатолий Тарасов (Anatoliy Tarasov) против России» [англ.]

163 § 3 (b)); unlawful possession of a firearm (Article 222 § 1) and assault on a State official (Article 318 § 1). The court established that the applicant had instigated his two co-defendants to rob employees of a trading company. Accompanied by the co-defendants and carrying a firearm, the applicant had stopped the employees' car, had robbed them, tied them to a tree in the forest and shot one of them dead. The court further found that the applicant had blackmailed another victim, extorting a sum of money from him and had assaulted police officers during his arrest. The court based the applicant's conviction on testimonies by his co-defendants, the surviving victims and witnesses and the material evidence. The applicant was sentenced to twenty-three years' imprisonment. He appealed against the judgment.
10. On an unspecified date in May 2000 the applicant was transferred to remand centre SIZO-3 in Moscow in order to secure his presence at the appeal hearing. He was allegedly placed in a cell where he was severely beaten by other inmates.
11. On 4 October 2000 the Supreme Court of the Russian Federation upheld the applicant's conviction on appeal.

C. Supervisory review

12. On 16 April 2001 a deputy Prosecutor General of the Russian Federation lodged with the Presidium of the Supreme Court of the Russian Federation an application for supervisory review of the judgments of 12 October 1999 and 4 October 2000. The prosecutor requested a different legal characterisation of the applicant's criminal acts, in particular that the charge of "unlawful detention of an individual by an organised group" under Article 127 § 3 of the Criminal Code be reclassified as "unlawful detention of two or more individuals by a group of persons with the use of weapons and violence dangerous to [their] health" under Article 127 § 2 (a), (c), (d) and (h). Furthermore, he requested that the charge of "murder for financial gain coupled with robbery" under Article 105 § 2 (i) be reclassified as "murder coupled with robbery" under the same provision.
13. According to the Government, a copy of the prosecutor's application was sent to the applicant "simultaneously" and on 27 July 2001 he was informed that the hearing before the Presidium was scheduled for 8 August 2001. They further submitted that the applicant had been subsequently notified that the hearing had been postponed. The copy of the application of the deputy Prosecutor General produced by the Government contained handwritten notes: "postponed [signature] 08.08.", "postponed [signature] 23.05", "postponed 27.06.2001 [signature]".
14. According to the applicant, he obtained a copy of the deputy Prosecutor General's application only on 16 August 2001. On unspecified dates the applicant sent to the Prosecutor General's Office and the Presidium of the Supreme Court his observations in connection with the prosecutor's application. He also sought leave to appear at the supervisory review hearing. It appears that his requests were left without reply.
15. On 3 October 2001 the Presidium of the Supreme Court of the Russian Federation examined the application. After having heard the prosecutor and the judge rapporteur and examined the materials of the case, the Presidium granted the request, reclassified the applicant's acts as sought by the prosecutor and reduced the sentence to twenty-two years' imprisonment. The Presidium court's decision contained no reference to the applicant's observations or arguments raised therein. The applicant did not attend the hearing.

D. The alleged intimidation of the applicant

16. From 6 April to 16 October 2005 the applicant was held in colony LIU-2 in the Udmurtiya Republic.
17. On 5 May 2005 the Court decided to give notice of the application to the Government of the

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