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Постановление Европейского суда по правам человека от 17.12.2009 «Дело Колчинаев (Kolchinayev) против России» [англ.]



(Application No. 28961/03)


(Strasbourg, 17.XII.2009)

<*> 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 Kolchinayev v. Russia,
The European Court of Human Rights (First Section), sitting as a Chamber composed of:
Christos Rozakis, President,
Nina {Vajic} <*>,
<*> Здесь и далее по тексту слова на национальном языке набраны латинским шрифтом и выделены фигурными скобками.

Anatoly Kovler,
Elisabeth Steiner,
Khanlar Hajiyev,
Giorgio Malinverni,
George Nicolaou, judges,
and {Soren} Nielsen, Section Registrar,
Having deliberated in private on 26 November 2009,
Delivers the following judgment, which was adopted on that date:


1. The case originated in an application (No. 28961/03) 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 Nikolay Konstantinovich Kolchinayev ("the applicant"), on 14 July 2003.
2. The applicant was represented by Ms O.V. Preobrazhenskaya, a lawyer living in Strasbourg. The Russian Government ("the Government") were represented by Mr P. Laptev and Mrs V. Milinchuk, the former Representatives of the Russian Federation at the European Court of Human Rights.
3. On 5 December 2006 the President of the First Section decided to give notice of the application to the Government. It was also decided to rule on the admissibility and merits of the application at the same time (Article 29 § 3).
4. The Government objected to the joint examination of the admissibility and merits of the application. Having examined the Government's objection and having regard to the subject matter of the application and the Court's case-law, the Court dismissed the Government's objection.


The circumstances of the case

5. The applicant was born in 1961 and is now serving his sentence in prison UP-288/T of Minusinsk, the Krasnoyarsk Region.
6. On 14 August 1989 seven teenagers were found dead near Kazynet railway station of the Askizskiy District of the Republic of Khakassia. On an unspecified date in 1989 the competent authorities opened an investigation into the case. On 24 July 1992 the applicant was arrested on suspicion of having committed murder. By a judgment of 24 March 1995, the Kemerovo Regional Court convicted him as charged and sentenced him to capital punishment. By a judgment of 11 October 1995, the Supreme Court of Russia upheld the conviction on appeal. On 4 September 1996 the Presidium of the Supreme Court of Russia, by way of supervisory review proceedings, quashed the judgments of 24 March 1995 and 11 October 1995 and remitted the case for an additional investigation.
7. On 17 February 1997 the case file was transferred to the General Prosecutor's Office and the criminal proceedings were reopened. On 3 April 1997 the applicant was released from custody on an undertaking not to leave his town of residence. On 18 August 2000 he was officially charged.
8. On an unspecified date the pre-trial investigation was completed and on 30 November 2000 the case file was submitted to the trial court for judicial examination.
9. On 18 September 2001 the Supreme Court of the Republic Khakasia convicted the applicant of murder and sen

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