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Постановление Европейского суда по правам человека от 14.01.2010 "Дело "Мельников (Melnikov) против Российской Федерации" [рус., англ.]





preliminary investigation following ill-treatment by the police.
14. On an unspecified date, S. went into hiding from justice. On 18 June 2002 the judge issued an arrest warrant in respect of S. On 19 June 2002 this order was sent to the Vyshniy Volochek police department. As is clear from an undated letter submitted by the Government, the trial judge asked the police department to speed up the enforcement of her earlier order. On 5 September 2002 the Town Court resumed the trial proceedings. On 6 September 2002 the trial court suspended the proceedings noting that S. had previously named the applicant and I. as his accomplices and that an arrest warrant had been issued against S., who went into hiding. The trial court also extended the applicant's detention. The applicant appealed against the preventive measure. On 24 October 2002 the Regional Court upheld the preventive measure but decided that the suspension of the proceedings was not justified.
15. The trial proceedings resumed. At the hearing on 3 December 2002 A. retracted the statement he had given to the investigator in relation to the third offence and argued that he had confessed and implicated the applicant under duress. At the prosecutor's request the trial court heard evidence from two officers of the Vyshniy Volochek district investigation department, who had arrested the applicant and A. Having also examined the video recordings in which A. showed the scene of the crime and pointed to the applicant as his accomplice, the trial court rejected as unfounded the allegation of confession under duress.
16. The applicant contended that he had not been afforded an opportunity to examine S., who had evaded prosecution and was in hiding. At the hearing on 4 December 2002 the prosecutor asked the trial court to allow the reading-out of S.'s pre-trial deposition. The applicant and I. objected to this request. The judge granted the request in the interests of the "objective examination of the case".
17. On 10 December 2002 the Town Court convicted the applicant of robbery and two counts of theft. The court sentenced him to eight years and six months' imprisonment. In finding the applicant guilty of two thefts, the court relied on S.'s pre-trial statement accusing the applicant, and referred to various statements by the employees of the private companies from which the thefts had been committed. Those statements only concerned the assessment of the pecuniary damage caused by the thefts. The court also listed several items of "other physical evidence" including the record of the crime scene description and the articles stolen.
18. On 20 March 2003 the Tver Regional Court upheld the judgment in substance, while reducing the applicant's prison term to eight years. The appeal court stated that the trial court had rejected the allegation of duress after a proper inquiry. Regarding S., the appeal court pointed out that the applicant had had an opportunity to confront him and challenge the credibility of his statements during the face-to-face confrontation at the pre-trial stage of the proceedings.

B. Conditions of detention in the remand centre

19. From October 2001 to April 2003 (in relation to the above proceedings) and from 24 November 2003 to 8 December 2004 (in relation to new proceedings) the applicant was kept in remand centre No. 69/1 in the town of Tver. Between April and November 2003 the applicant served his sentence in Tver colony No. 10 in relation to the above criminal case.

1. The applicant's account

20. In his letter of 1 May 2004 the applicant described his conditions of detention in the remand centre since 24 November 2003 as follows.
On his arrival the applicant was put in cell No. 19. The cell measured approximately thirty square metres and was designed to accommodate twelve inmates. H



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