Постановление Европейского суда по правам человека от 23.09.2010 «Дело Андрей Исаев (Andrey Isayev) против России» [англ.]

he Convention.
52. The complaint about the trial court's initial decision to disallow Mr Kuvshinov from defending the applicant along with his legal counsel was not raised in the grounds of appeal. In any event, the representative was so allowed before the start of the examination of the case on the merits, and the applicant had the aid of professional legal counsel for the duration of the proceedings. It follows that this complaint must be rejected in accordance with Article 35 §§ 1 and 3 of the Convention.

IV. Application of Article 41 of the Convention

53. 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."
54. The applicant did not submit a claim for just satisfaction. Accordingly, the Court considers that there is no call to award him any sum on that account.

FOR THESE REASONS, THE COURT UNANIMOUSLY

1. Declares the complaint concerning unreasonable length of criminal proceedings admissible and the remainder of the application inadmissible;
2. Holds that there has been a violation of Article 6 § 1 of the Convention on account of unreasonably long criminal proceedings against the applicant;
3. Holds that there is no call to award the applicant just satisfaction.

Done in English, and notified in writing on 23 September 2010, pursuant to Rule 77 §§ 2 and 3 of the Rules of Court.

Christos ROZAKIS
President

{Soren} NIELSEN
Registrar






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