Постановление Европейского суда по правам человека от 18.06.2009 «Дело Сухов (Sukhov) против России» [англ.]

EUROPEAN COURT OF HUMAN RIGHTS

FIRST SECTION

CASE OF SUKHOV v. RUSSIA
(Application No. 32805/03)

JUDGMENT <*>

(Strasbourg, 18.VI.2009)

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<*> 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 Sukhov v. Russia,
The European Court of Human Rights (First Section), sitting as a Chamber composed of:
Christos Rozakis, President,
Nina {Vajic} <*>,
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<*> 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 28 May 2009,
Delivers the following judgment, which was adopted on that date:

PROCEDURE

1. The case originated in an application (No. 32805/03) 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 Valeriy Nikolayevich Sukhov ("the applicant"), on 22 September 2003.
2. The applicant was represented by lawyers of the Human Rights Centre Memorial (Moscow). The Russian Government ("the Government") were represented by Mr P. Laptev, former Representative of the Russian Federation at the European Court of Human Rights.
3. On 12 June 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, the Court dismissed it.

THE FACTS

The circumstances of the case

5. The applicant was born in 1960 and lives in the town of Sertolovo, Leningrad Region. He is a former police officer.
6. On 21 July 1997, at about 6 p.m., he was arrested in his office in Irkutsk on suspicion of bribe-taking. According to the applicant, his office was searched and a service weapon was seized. On the following day criminal proceedings were instituted against him under Article 290 § 4 of the Russian Criminal Code on a charge of aggravated bribery. The applicant's detention on remand was authorised.
7. Four days later an investigator interviewed the applicant. According to the applicant, his counsel was not allowed to attend the interview. However, the interrogation record indicates that he was assisted by Mr Ph., counsel, who made a handwritten note in the record demanding the applicant's release. The applicant further stated that he was not provided with legal assistance until 22 January 1998. The Government, relying on records of various investigative steps taken between July 1997 and February 1998, insisted that the applicant had made full use of his right to legal aid, being assisted by counsel, Mr Sh., and that he had not made any self-incriminating statements.
8. On 22 January 1998 the applicant was released on a written undertaking not to leave the town. In the same decision an investigator stayed the criminal proceedings, finding that the applicant's poor health made it impossible for him to participate actively in the proceedings. The applicant claimed that he had been in good health at the time.
9. On 2 November 1998 the proceedings were resumed and j

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