n 19 April 2002 the Supreme Court granted leave to the applicant to participate in the appeal hearing and ordered that he be brought to Moscow from the Ivanovo Region. As can be seen from a telegram dated 28 May 2002, the applicant's counsel had been informed that the appeal hearing was listed for 4 June 2002 at 10 am. According to the Government, the applicant was also informed accordingly on the same date.
27. The applicant asserted that in April 2002 he had requested the Supreme Court to grant him access to the documents relating to the appeal proceedings, including the statement of appeal lodged by his lawyer and the written observations prepared by the prosecutor. He received no reply to this request.
28. On an unspecified date, the prosecutor lodged his observations in reply to the applicant's appeal. A copy of those observations was not made available to the applicant or his counsel.
29. On 31 May 2002 Moscow remand centre received a letter from the Supreme Court requiring them to make arrangements for the applicant's participation in the appeal hearing on 4 June 2002 at 10 am and for the applicant to be notified of the date of the hearing.
30. On 4 June 2002 the Supreme Court heard the applicant by way of a video link and upheld the trial judgment. During the appeal hearing the applicant was not represented by a lawyer. The prosecutor was present at the hearing.
31. The court refused to examine the applicant's arguments directed against the findings of fact made at first instance by the jury since this aspect of the case could not be challenged on appeal. It noted that the applicant had been informed of the special procedure for appeal against the verdict of a jury (see also paragraph 48 below). The appeal court examined the remaining arguments and dismissed them. Lastly, the court noted that the applicant had been given access to the case file before the trial in July - August 2001 and after the trial in December 2001 - February 2002. The applicable legislation did not require photocopying of the file.
4. Subsequent proceedings
32. In 2005 the Regional Court reconsidered the trial and appeal judgments in the light of the amended (more favourable) legislation and lifted the order for the confiscation of the applicant's property.
B. Proceedings concerning the alleged ill-treatment
33. The applicant complained to the district prosecutor that on 1 November 2000 an officer had hit him on the head with a folder; that he had been subjected to threats on 2 November 2000 and that he had been compelled to decline O.'s services. The prosecutor heard the investigator in charge of the case against the applicant and the officer who had allegedly beat him. On 6 December 2000 the district prosecutor refused to initiate criminal proceedings, noting the applicant's contradictory statements concerning the alleged threats or beating. The inquiry file was then lost. In the resumed proceedings, the district investigator heard the applicant and the investigator in charge of the case against the applicant. On 27 August 2001 the district investigator issued a new decision not to institute criminal proceedings. He referred to the medical report of 3 November 2000, which had revealed injuries sustained, according to the expert, four to nine days before the date of the examination (see paragraph 10 above). The investigator concluded that those injuries had been sustained before the applicant's arrest. He also noted that the applicant had made no health complaints during his detention in the temporary detention centre from 31 October to 3 November 2000.
34. The applicant was informed of his right to appeal against the above refusals to a prosecutor or to seek judicial review. Instead, the applicant brought court proceedings accusing the town prosecutor of inaction i
> 1 ... 2 3 4 5 ... 12 13 14
Zaki.ru законы и право
поиск по сайту
каталог документов
добавить сайт Zaki.ru в избранное
Правовые акты международные
Правовые акты Российской Федерации
