t's guilt in the first murder were not supported by the evidence submitted at trial. The first victim had been strangled by B. and when the applicant approached her, she was already dead. The applicant's conviction for the third murder had been based solely on B.'s testimony which was supported by nothing else but the court's suppositions. The applicant and his counsel requested that the judgment be quashed and the case be remitted for a fresh trial. When lodging the appeal the applicant did not expressly state that he wished to take part in the appeal hearing. The applicant's co-accused did not appeal against her conviction.
12. On 15 August 2002 the Supreme Court of the Russian Federation ("the Supreme Court") examined the applicant's appeal in the presence of the prosecutor and dismissed it. Neither the applicant nor his counsel were present at that hearing.
13. On 26 October 2005 the Deputy Prosecutor General of the Russian Federation lodged an application for supervisory review of the appeal decision of 15 August 2002 with the Presidium of the Supreme Court, on the ground that the applicant and his lawyer had not been properly notified of the appeal hearing of 15 August 2002 and therefore, could not attend it. He requested that the above decision be quashed and the case be remitted for a fresh appeal examination.
14. On 5 April 2006 the Presidium of the Supreme Court quashed the decision of 15 August 2002 and remitted the case for a fresh examination of the appeal. It appears that neither the applicant nor his representative were present at that hearing.
15. On 23 May 2006 the head of the detention facility in which the applicant was held received a telegram which read as follows: "Inform Sibgatullin that his case will be heard by the Supreme Court of the Russian Federation at 10 am on 29 June 2006". On the same date the applicant read that telegram. A similar notification was also sent to the applicant's legal counsel Ch.
16. On 29 June 2006 the Supreme Court held an appeal hearing in the absence of the applicant and his counsel. It heard the prosecutor who requested that the applicant's conviction on three counts of murder be upheld and that the sentence imposed for theft be lifted as the prescription period had expired.
17. Having studied the materials of the case, the appeal court found, in particular, that the trial court had rightly concluded on the basis of evidence submitted at trial that when the applicant had been tightening the cord, the first victim was still alive and that therefore, he had killed her. It further confirmed the trial court's conclusion that the applicant had also killed the third victim. The Supreme Court concluded that the trial court had correctly characterised the applicant's actions as murders and had imposed an appropriate sentence. It upheld the applicant's conviction for the murders, lifted his sentence in respect of theft and sentenced the applicant to nineteen years and six months' imprisonment.
18. It does not appear from the decision of 29 June 2006 that the appeal court verified whether the applicant had been duly informed of the hearing and whether he had expressed a wish to take part in it.
19. On 4 July 2006 the applicant, who allegedly was not aware of the appeal hearing of 29 June 2006, but at some point learned that the appeal decision of 15 August 2002 had been quashed on 5 April 2006, sent additional grounds of appeal to the appeal court. On the same date he also lodged a special request for leave to appear at the appeal hearing and requested the appeal court to provide him with legal counsel.
II. Relevant domestic law and practice
Code of Criminal Procedure of the Russian Federation
of 18 December 2001, in force since 1 July 2002 ("the CCrP")
20. Appeal courts sha
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