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

ielmann and Malinverni expressed a joint concurring opinion, which was annexed to the judgment.
6. On 4 May 2009 the Government requested, in accordance with Article 43 of the Convention and Rule 73, that the case be referred to the Grand Chamber. A panel of the Grand Chamber accepted the request on 14 September 2009.
7. The composition of the Grand Chamber was determined according to the provisions of former Article 27 §§ 2 and 3 (now Article 26 §§ 4 and 5) of the Convention and Rule 24 of the Rules of Court. At the final deliberations, Ann Power, substitute judge, replaced Renate Jaeger, who was unable to take part in the further consideration of the case (Rule 24 § 3).
8. The applicant and the Government each filed written observations on the merits.
9. A hearing took place in public in the Human Rights Building, Strasbourg, on 20 January 2010 (Rule 59 § 3).
There appeared before the Court:
(a) for the Government
Mr N. Mikhaylov, Deputy Head of the Office of the Representative of the Russian Federation, Agent,
Ms T. Korolkova,
Ms Y. Tsimbalova, Advisers;
(b) for the applicant
Ms K. Moskalenko,
Ms N. Lisman, Counsel,
Ms O. Preobrazhenskaya, Adviser.
The Court heard addresses by Ms Moskalenko, Ms Lisman and Mr Mikhaylov.

THE FACTS

I. The circumstances of the case

10. The applicant was born in 1979. He is currently serving his sentence in the Novosibirsk Region.

A. First set of the proceedings

11. On 30 April 2001 the applicant was arrested on suspicion of having murdered his father and uncle. The applicant made a written request to be provided with a legal-aid lawyer. On the same day an expert examination of fingerprints and a forensic examination were ordered and on 3 May 2001 the applicant was remanded in custody.
12. On 4 May 2001 legal-aid counsel, Ms P., was appointed to assist the applicant, and he was charged with aggravated murder on 10 May 2001.
13. From May to September 2001 a number of expert examinations were carried out. Subsequently the applicant received copies of orders for such examinations. He signed each of them confirming their receipt and indicating that he had no comments or requests.
14. On 30 September 2001 the detention order was lifted and replaced with an undertaking not to leave his place of residence.
15. In October 2001 the applicant's former cellmate in the detention facility, Mr Zh., testified that the applicant had told him in detail how he had murdered his father and another man.
16. On an unknown date the applicant's friend, Mr R., gave a witness statement alleging that the applicant had asked him to murder his father and that when R. refused the applicant seemingly intended to do it himself.
17. On 5 November 2001 the applicant was again remanded in custody.
18. On 20 December 2001 the Novosibirskiy Regional Court examined the criminal charges against the applicant. The applicant pleaded not guilty. The court examined seventeen witnesses including Zh. and R., and found the applicant guilty of the murder of two persons, sentencing him to eighteen years' imprisonment. In its judgment the court referred to witness statements, forensic reports and extensive material evidence.
19. The applicant and his lawyer appealed, alleging that Zh. and R. had given their statements under pressure from the police and claiming that the investigation had been vitiated by numerous violations of the applicant's defence rights. They also complained that they had received the expert examination orders belatedly.
20. On 12 May and 29 July 2002 the applicant requested to be assigned another lawyer to represent him in the appeal proceedings because Ms P. was unable to



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