Постановление Европейского суда по правам человека от 23.04.2009 «Дело Губкин (Gubkin) против России» [англ.]

offence to co-operate actively with the judicial authorities. In particular, applicants cannot be blamed for taking full advantage of the resources afforded by national law in their defence (see Rokhlina, cited above, § 88, and Kalashnikov, cited above, § 129). As to the Government's argument about the failure of the applicant's representatives to appear before the trial court, the Court notes that throughout the trial the applicant was represented by legal-aid counsel appointed by the State. He therefore had little influence upon them and could not be held responsible for their absences. The Court accepts that the applicant was accountable for a certain delay resulting from his requests for adjournments in view of his allegedly poor health. However, this delay was negligible in view of the overall length of the proceedings.
168. Turning to the conduct of the domestic authorities, the Court observes that the Government have not submitted any satisfactory explanation for the rather substantial periods of inactivity on the part of the domestic court when it came to the examination of the applicant's convictions of 13 June 2000, 14 May 2001 and 17 May 2004 on appeal. In this connection the Court notes that the periods under consideration amounted to five, eight and ten months respectively, and that their aggregate length delayed the proceedings by almost two years.
169. Having regard to the foregoing, and especially to what was at stake for the applicant, given that he had been held in detention throughout the whole period in which the proceedings were pending, the Court considers that the length of the proceedings in the present case did not satisfy the "reasonable time" requirement.
170. There has accordingly been a breach of Article 6 § 1 of the Convention.
171. In so far as the applicant's complaint about the lack of an effective domestic remedy is concerned, the Court reiterates that Article 13 guarantees an effective remedy before a national authority for an alleged breach of the requirement under Article 6 § 1 to hear a case within a reasonable time (see {Kudla}, cited above, § 156). It notes that the Government did not indicate any remedy that could have expedited the determination of the applicant's case or provided him with adequate redress for delays that had already occurred (see Sidorenko v. Russia, No. 4459/03, § 39, 8 March 2007, and Klyakhin, cited above, §§ 100 - 01). In particular, the Government did not explain how applications to the Prosecutor's Office or the Rostov Regional Court that the applicant could have made in the course of the criminal proceedings could have expedited those proceedings.
172. Accordingly, the Court considers that in the present case there has been a violation of Article 13 of the Convention on account of the lack of a remedy under domestic law whereby the applicant could have obtained a ruling on his right to have his case heard within a reasonable time, as set forth in Article 6 § 1 of the Convention.

VI. Other alleged violations of the Convention

173. Lastly, the applicant complained under Article 6 of the Convention that he had not been informed of the charges against him, that he had not been presumed innocent because he had been held in custody merely on the ground of the seriousness of the charges against him, that the domestic court was biased, and that two out of three judges of the appeal panel had previously examined his case. He further complained under the same head that the Supreme Court had not read out the full text of the appeal decision of 10 March 2005. The applicant also complained under Article 13 of an absence of effective domestic remedies with regard to these alleged violations.
174. However, having regard to all the material in its possession, and in so far as these complaints fall within its competence, the Court finds that there

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