Постановление Европейского суда по правам человека от 30.07.2009 «Дело Ананьев (Ananyev) против России» [англ.]

represented at the trial and was not represented on appeal. The relevant parts of Article 6 read as follows:
"1. In the determination... of any criminal charge against him, everyone is entitled to a fair and public hearing... by a... tribunal...
...
3. Everyone charged with a criminal offence has the following minimum rights:
...
(c) to defend himself in person or through legal assistance of his own choosing or, if he has not sufficient means to pay for legal assistance, to be given it free when the interests of justice so require;
(d) to examine or have examined witnesses against him and to obtain the attendance and examination of witnesses on his behalf under the same conditions as witnesses against him..."
31. The Government did not make any comments in respect of the applicant's complaint about his exclusion from the trial. As regards the authorities' failure to appoint a legal-aid lawyer to represent him in the first set of appeal proceedings, the Government conceded that it could have affected their fairness. In this respect, they submitted that the Russian authorities had taken measures to remedy the violation of the applicant's rights set out in Article 6 at the domestic level and the applicant had lost his victim status. In particular, on 27 December 2006 the Presidium of the Smolensk Regional Court had quashed by way of supervisory review the judgment of 11 November 2003 precisely on the ground that the applicant had not been represented before the appeal court. On 29 January 2007 Ms D. as counsel was appointed to represent the applicant, who was informed of that fact accordingly. When informing the appeal court that he would not be taking part in the appeal hearing, the applicant did not waive the services of Ms D. She duly and diligently prepared for the appeal hearing and provided a proper defence of the applicant's interests before the appeal court.
32. The applicant maintained his complaints. He submitted that after being removed from the courtroom he was unable to participate in the examination of witnesses and the assessment of other evidence, in violation of Article 6 of the Convention. Nor had the court appointed a lawyer to represent him during the trial despite his requests. In response to the Government's submissions regarding his victim status, the applicant argued that the measures taken by the Russian authorities did not constitute adequate redress. According to the applicant, such redress should have included monetary compensation since the appeal judgment had not been quashed until three years later. Nor had his rights been restored in full. Merely appointing a lawyer to represent him during the appeal hearing had not been sufficient to restore his rights.

A. Admissibility

33. The Court notes that the Government's argument relating to the loss of victim status by the applicant is closely linked to the merits of his complaints under Article 6 §§ 1 and 3 (c) and (d) of the Convention. Accordingly, the Court finds it necessary to join it to the merits of the applicant's complaint and will revert to it subsequently (see Sakhnovskiy v. Russia, No. 21272/03, §§ 34 - 36, 5 February 2009).
34. The Court further notes that the applicant's complaints under Article 6 §§ 1 and 3 (c) and (d) of the Convention are not manifestly ill-founded within the meaning of Article 35 § 3 of the Convention and that they are not inadmissible on any other grounds. They must therefore be declared admissible.

B. Merits

1. General principles

35. The Court notes at the outset that the requirements of Article 6 § 3 are to be seen as particular aspects of the right to a fair trial guaranteed by Article 6 § 1, and therefore the applicant's complaints under Article 6 §§ 1 and 3 should be examined to



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