ration lodged with the Court under Article 34 of the Convention for the Protection of Human Rights and Fundamental Freedoms ("the Convention") by a Russian national, Mr Sergey Anatolyevich Melnikov ("the applicant"), on 3 July 2003.
2. The applicant, who had been granted legal aid, was represented by Ms V. Bokareva, a lawyer practising in Moscow. The Russian Government ("the Government") were represented by Mr P. Laptev, the then Representative of the Russian Federation at the European Court of Human Rights.
3. On 12 December 2005 the President of the First Section decided to give notice of the application to the Government. It was also decided to examine the merits of the application at the same time as its admissibility (Article 29 § 3).
4. On 21 September 2006 the Chamber decided, under Rule 54 § 2 (c) of the Rules of Court, that the Government should submit further observations on the admissibility and merits of the application.
5. The Government objected to the joint examination of the admissibility and merits of the application. Having considered the Government's objection, the Court dismissed it.
THE FACTS
I. The circumstances of the case
6. The applicant was born in 1968 and is currently detained in prison No. 72/1 in the Ulyanovsk Region.
A. Criminal proceedings against the applicant
1. First and second offences
7. On 15 May 2000 the applicant, together with Mr S. and another unidentified person, broke into the premises of a private company and stole several items of property.
8. On 19 September 2000 the applicant, together with Mr S. and Mr I., committed another theft.
9. Mr S. was arrested on an unspecified date and was questioned by the investigating authority. At the interview, in the presence of counsel, he admitted to the thefts. He gave a detailed account of the events, stating that the applicant had forced the window frames in order to enter into the buildings, and described how they had then shared the proceeds from the sale of the stolen items.
10. On 6 December 2001 the investigator set up a face-to-face confrontation between S. and the applicant (see paragraph 38 below for "Relevant domestic law and practice"). According to the record, the investigator asked them if they knew each other and whether they had committed the offences. The applicant replied that he was acquainted with S. but had not committed any criminal offence with him; S. insisted that they had committed the above offences together. The record contained a note saying that they had been apprised of their right to put questions to each other; that they had waived this right and that they had no comments to add to the record. The copy of the record submitted by the Government bears S.'s and the applicant's signatures. According to the applicant, he did not sign the record.
2. Third offence
11. On 28 September 2001 the applicant, together with Mr A. and two other unidentified accomplices, robbed a warehouse belonging to a private company. During the preliminary investigation A. confessed to the robbery and named the applicant and another person as his accomplices. Allegedly, no counsel was present at this interview.
3. Trial
12. The applicant and A. were detained pending trial. S. and I. were not detained but were ordered not to leave the town.
13. In April 2002 the prosecutor signed the bill of indictment. The criminal case against the above persons was scheduled to be tried before the Vyshniy Volochek Town Court of the Tver Region. At the trial the applicant denied his involvement in the offences with which he was charged. He also argued that S. and A. had wrongly accused him, alleging that A. had admitted to the charges against him during the
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