Постановление Европейского суда по правам человека от 05.02.2009 «Дело Макеев (Makeyev) против России» [англ.]

her brother's room. She had heard the visitors say that her brother owed them money and that they would take the TV set and video player for the debt. They had threatened to kill her. She had seen them carrying the TV set and video player out of the flat. Mr G.'s testimony was identical to that of his sister, except that he claimed that he owed nothing to the applicant or Mr S.
10. On 29 April 2003 the applicant and Mr S. were committed for trial on both charges. The Lobnya Town Court of the Moscow Region scheduled the hearing for 27 May 2003 and summoned Ms M., Ms K., Ms G. and Mr G. to appear as prosecution witnesses.
11. On 27 May 2003 Ms M., Ms K. and Mr G. did not appear. The applicant asked the court to obtain their attendance. The court adjourned the hearing until 17 June 2003 and ordered that the police ensure the witnesses' appearance in court.
12. On 17 June 2003 the witnesses did not appear. Ms K. sent a note saying that she could not come as she had to look after her new-born baby. As to Ms M., the police report stated that in the morning of 17 June 2003 she had not been at home and that a neighbour had said that "Ms M. had not lived at that address for some time". Mr G. was in custody and could not be brought to the courtroom on 17 June 2003 as on that day "the prosecutor was going to extend the authorised period of investigation in the criminal case against Mr G.".
13. The applicant insisted that the court should make further efforts to obtain the attendance of the witnesses and asked the court to adjourn the hearing. However, the court decided to proceed with the hearing in the absence of the witnesses.
14. The court heard the testimony by the applicant and his co-defendant Mr S. On the first count the applicant admitted that on 30 January 2003 he had seen Ms M. in the street. She had been talking to a certain Misha. Misha had given him a bag, which he had brought home. He denied that he had threatened Ms M. with a knife. On the second count he pleaded not guilty. He acknowledged that on 14 February 2003 he had come to see Mr G. to recover a debt but denied having taken anything from him or from his sister. Mr S. pleaded not guilty on both counts.
15. The court then examined Ms G., who confirmed the testimony she had given to the investigator.
16. The prosecutor requested the court's permission to read out the statements made by Ms M., Ms K. and Mr G. during the pre-trial investigation. The applicant did not object. His co-defendant Mr S. made an objection. The court allowed the prosecutor's request and the statements by Ms M., Ms K. and Mr G. were read out.
17. On 19 June 2003 the Lobnya Town Court delivered its judgment. On the first count it considered that the applicant's guilt was sufficiently established in relation to the armed robbery of Ms M. on the basis of the following evidence: written depositions made by Ms M. and Ms K. during the pre-trial investigation; Ms M.'s complaint to the police; the report on the search in the applicant's flat, where the stolen merchandise had been found; and the report on an identification parade during which Ms M. had identified the applicant as one of the robbers.
18. On the second count the court found the applicant guilty of the robbery of Ms G. on the strength of the following evidence: statements by Ms G. before the court; a deposition made by Mr G. during the pre-trial investigation; Ms G.'s complaint to the police; and the users' manual for the TV set submitted by Ms G.
19. The court convicted the applicant of the armed robbery of Ms M., an offence under Article 162 § 2 of the Russian Criminal Code, and the robbery of Ms G., an offence under Article 161 § 2 of the Criminal Code. It sentenced him to five years and six months' imprisonment.
20. In his grounds of appeal the applicant complained, in parti

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