Постановление Европейского суда по правам человека от 30.07.2009 «Дело Евгений Корнев (Yevgeniy Kornev) против России» [англ.]

EUROPEAN COURT OF HUMAN RIGHTS

FIRST SECTION

CASE OF YEVGENIY KORNEV v. RUSSIA
(Application No. 30049/02)

JUDGMENT <*>

(Strasbourg, 30.VII.2009)

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<*> This judgment will become final in the circumstances set out in Article 44 § 2 of the Convention. It may be subject to editorial revision.

In the case of Yevgeniy Kornev v. Russia,
The European Court of Human Rights (First Section), sitting as a Chamber composed of:
Nina {Vajic} <*>, President,
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<*> Здесь и далее по тексту слова на национальном языке набраны латинским шрифтом и выделены фигурными скобками.

Anatoly Kovler,
Elisabeth Steiner,
Dean Spielmann,
Sverre Erik Jebens,
Giorgio Malinverni,
George Nicolaou, judges,
and {Soren} Nielsen, Section Registrar,
Having deliberated in private on 7 July 2009,
Delivers the following judgment, which was adopted on that date:

PROCEDURE

1. The case originated in an application (No. 30049/02) against the Russian Federation 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 Yevgeniy Gennadyevich Kornev ("the applicant"), on 15 July 2002.
2. The applicant was represented by Ms S. Almukhametova, a lawyer practising in Kurgan. The Russian Government ("the Government") were represented by their Agent, Ms V. Milinchuk, former Representative of the Russian Federation at the European Court of Human Rights.
3. The applicant alleged, in particular, that he had been beaten up by policemen and that the supervisory-review proceedings had been unfair because of the authorities' failure to ensure his presence at the hearing.
4. On 15 May 2007 the President of the First Section decided to give notice of the application. It was also decided to examine the merits of the application at the same time as its admissibility (Article 29 § 3).

THE FACTS

I. The circumstances of the case

5. The applicant was born in 1960 and lives in Kurgan.

A. Criminal proceedings on the charge of kidnapping

6. On 27 December 2000 the Ketovskiy District Court of the Kurgan Region found the applicant guilty of kidnapping for profit and sentenced him to five years' imprisonment conditional on three years' probation. Neither the applicant nor the prosecutor appealed.
7. On an unspecified date the applicant asked the Kurgan Regional Court for supervisory review of the judgment of 27 December 2000. He alleged that the court had erred in defining his actions as kidnapping for profit. He further challenged the findings of the trial court as to the circumstances of the matter. He claimed that he had freed the kidnapped victim of his own will and should have been exonerated from the kidnapping charges as provided for in the Russian Criminal Code.
8. By a letter of 10 October 2003, the Kurgan Regional Court informed the applicant that the supervisory-review proceedings had been instituted and that the Presidium would examine his application on 20 October 2003. According to the stamp on the letter, it reached the penitentiary establishment where the applicant was serving a prison sentence on 23 October 2003. The applicant indicated that the letter had been handed over to him on 27 October 2003.
9. On 30 October 2003 the applicant sent written submissions to the Kurgan Regional Court.
10. In December 2003 the applicant received the text of the Presidium's decision on his application for



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