Постановление Европейского суда по правам человека от 02.11.2010 «Дело Сахновский (Sakhnovskiy) против России» [англ.]

eting with his lawyer would have been a lengthy and costly operation (see paragraph 26 above). While emphasising the central importance of an effective legal assistance, the Court must examine whether in view of this particular geographic obstacle the respondent Government undertook measures which sufficiently compensated for the limitations of the applicant's rights. The Court notes in this respect that nothing prevented the authorities from organising at least a telephone conversation between the applicant and Ms A. more in advance of the hearing. Nothing prevented them from appointing a lawyer from Novosibirsk who could have visited the applicant in the detention centre and have been with him during the hearing. Furthermore, it is unclear why the Supreme Court did not confer the representation of the applicant to the lawyer who had already defended him before the first-instance court and prepared the original statement of appeal. Finally, the Supreme Court could have adjourned the hearing on its own motion so as to give the applicant sufficient time to discuss the case with Ms A.
107. The Court concludes that the arrangements made by the Supreme Court were insufficient and did not secure effective legal assistance to the applicant during the second set of the appeal proceedings.

5. Whether the applicant's
participation in the case via video link was compatible
with Article 6 § 1 of the Convention

108. The applicant complained that he had been unable to present his case adequately because he had participated in the hearing before the court of appeal by video link and not personally. The Court considers that, in view of the above findings under Article 6 § 3 (c) taken together with Article 6 § 1 of the Convention, it is not necessary to examine separately the question whether in the circumstances of this case the applicant's participation in the appeal hearing by video link complied with Article 6 (see, mutatis mutandis, {Ozcan Colak} v. Turkey, No. 30235/03, §§ 51 - 53, 6 October 2009).

6. Conclusion

109. The Court concludes that the proceedings of 29 November 2007 fell short of the requirements of Article 6 § 3 (c) of the Convention, taken in conjunction with Article 6 § 1. Accordingly, the second set of the appeal proceedings failed to cure the defects of the first set: neither in 2002 nor in 2007 was the applicant able to enjoy effective legal assistance. The Court concludes that there has been a violation of Article 6 § 1 of the Convention taken in conjunction with Article 6 § 3 (c) thereof in the proceedings taken as a whole, which ended with the judgment of 29 November 2007.

III. Application of Article 41 of the Convention

110. Article 41 of the Convention provides:
"If the Court finds that there has been a violation of the Convention or the Protocols thereto, and if the internal law of the High Contracting Party concerned allows only partial reparation to be made, the Court shall, if necessary, afford just satisfaction to the injured party."
111. Under the head of non-pecuniary damage, the applicant claimed 5,000 euros (EUR). The applicant also claimed EUR 300 for the costs and expenses incurred in the proceedings before the Chamber. The Government considered that the claim for non-pecuniary damage was excessive and unsubstantiated. As to the costs and expenses, the Government contested the claims, indicating that the applicant had submitted receipts only in respect of 4,189 Russian roubles (RUB).
112. The Court firstly notes that in the present case it has found a violation of Article 6 § 1 of the Convention in conjunction with Article 6 § 3 (c) thereof. Inasmuch as the applicant's claim relates to the finding of that violation, the Court reiterates that when an applicant has been convicted despite a potential infr



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