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Постановление Европейского суда по правам человека от 25.02.2010 "Дело "Казюлин (Kazyulin) против Российской Федерации" [рус., англ.]





ainst the applicant had been adjourned several times due to the applicant's, victim's and witnesses' failure to attend the hearings. The verification which had been carried out in that respect established that Judge V. had not taken due measures to ensure the presence of the above persons at court hearings.
22. On 31 March 2006 the Judiciary Qualification Board held that Judge V. had not respected procedural time limits in the examination of cases assigned to her, including the case against the applicant, and imposed on her a disciplinary sanction. Following that decision the applicant's case was reassigned to Judge L.
23. On 11 April 2006 the District Court granted the applicant's request to have his case examined by a panel of three judges. Since the District Court was staffed with only two judges the case was forwarded to the Regional Court to determine the territorial jurisdiction.
24. On 28 April 2006 the Regional Court decided that the applicant's case had to be heard by the Michurinskiy District Court of the Tambov Region. The applicant and his counsel appealed against that decision. They claimed that the fact that the District Court had only two judges was not sufficient grounds to change the territorial jurisdiction. On 21 July 2006 the Supreme Court of the Russian Federation ("the Supreme Court") quashed the decision of 28 April 2006 and remitted the case to the District Court for examination on the merits. The Supreme Court held that the applicant had requested that his case be examined by a panel of three judges and not asked for it to be referred to a different court. Therefore, by referring his case to another court the Regional Court had violated the applicant's rights. The Supreme Court further held that only cases concerning serious or particularly serious offences fell to be examined by a panel of three judges, whereas the charges against the applicant did not fall into those categories.
25. In the remainder of 2006 several hearings were adjourned. On 31 August the District Court set the hearing of the case for 12 September. On that date the court heard the victim. The applicant submitted that he wished to give his testimony after the victim and the witnesses. Since some of the witnesses were absent from the hearing, the case was adjourned until 26 September. The District Court ordered those witnesses to be brought to the hearing. However, on 26 September the applicant and his counsel did not appear and the case was adjourned until 7 November. On that date the case was postponed until 23 November because one of the applicant's lawyers did not appear. The hearings of 23 November and 14 December did not take place because the applicant and the witnesses did not attend them.
26. In 2007 the hearing of 18 January was adjourned because the applicant and his counsel did not appear. On 13 February 2007 the District Court heard three witnesses. The applicant and his counsel did not appear after the recess in the hearing and the case was adjourned until 6 March 2007. The hearings of 6 and 22 March, 19 April, 3 and 22 May, 6 and 20 June and 17 July 2007 did not take place because either the applicant or his counsel did not appear.
27. The District Court addressed several notification letters to the applicant. However, they were not delivered to him since he was not at his address, and he did not pick them up at the post office. The bailiffs could not bring the applicant to the hearing either, because he was never to be found at his address. It appears that the criminal proceedings are still pending before the first-instance court.

THE LAW

I. Alleged violations of Articles 6 and 13 of the Convention

28. The applicant complained under Articles 6 and 13 of the Convention that the length of the criminal proceedings against him had been excessive and that he had n



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