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Постановление Европейского суда по правам человека от 23.04.2009 "Дело "Сибгатуллин (Sibgatullin) против Российской Федерации" [рус., англ.]





had complied with the requirements of Article 6 §§ 1 and 3 (c) of the Convention.
27. The applicant submitted that neither he nor his counsel had been informed of the supervisory review proceeding and of their outcome. The telegram of 4 May 2006 which he received on 23 May 2006 stated that a hearing of his case would take place on 29 June 2006, but it did not say what kind of hearing it would be. Furthermore, the Government did not submit any proof that his counsel had received that notice. Therefore, it cannot be said that his counsel was duly informed of the appeal hearing. Furthermore, four years had elapsed since the date of the first appeal hearing and the contract concluded between the applicant and his counsel had expired. The authorities were under an obligation to verify whether the applicant was still represented, and provide him with another representative if necessary. The applicant concluded that the authorities' failure to inform him about the developments in his case and failure to notify his counsel of the appeal hearing of 29 June 2006 violated his right to a fair trial and had not provided appropriate redress for their failure to notify him and his counsel of the appeal hearing of 15 August 2002.

B. The Court's assessment

1. Admissibility

28. According to the Government, the supervisory review and the new appeal proceedings had remedied the shortcomings of the initial appeal proceedings. Therefore, they may be understood to claim that the applicant had lost his victim status in respect of the appeal hearing of 15 August 2002.
29. In this respect, the Court reiterates that an applicant is deprived of his or her status as a victim if the national authorities have acknowledged, either expressly or in substance, and then afforded appropriate and sufficient redress for, a breach of the Convention (see, for example, Scordino v. Italy (No. 1) [GC], No. 36813/97, §§ 178 - 93, ECHR 2006-...).
30. As regards the first condition, namely the acknowledgment of a violation of the Convention, the Court considers that the Presidium's decision to quash the appeal decision of 15 August 2002 does amount to an acknowledgment that there had been a breach of Article 6 of the Convention.
31. With regard to the second condition, namely, appropriate and sufficient redress, the Court must ascertain whether the measures taken by the authorities, in the particular circumstances of the instant case, afforded the applicant appropriate and sufficient redress in order to determine whether he could still claim to be a victim. As the Government's objection under this head is closely linked to the merits of the applicant's complaints, the Court decides to join them.
32. The Court considers that the applicant's complaint about holding the appeal hearings of 15 August 2002 and 29 June 2006 in his absence is not manifestly ill-founded within the meaning of Article 35 § 3 of the Convention. It further notes that it is not inadmissible on any other grounds. It must therefore be declared admissible.

2. Merits

(a) General principles
33. The Court reiterates that the object and purpose of Article 6 taken as a whole implies that a person "charged with a criminal offence" is entitled to take part in the hearing. Moreover, sub-paragraphs (c), (d) and (e) of paragraph 3 guarantee to "everyone charged with a criminal offence" the right "to defend himself in person", "to examine or have examined witnesses" and "to have the free assistance of an interpreter if he cannot understand or speak the language used in court", and it is difficult to see how he could exercise these rights without being present (see Colozza v. Italy, 12 February 1985, § 27, Series A No. 89). Based on that interpretation of Article 6 the Court has held that the duty to guarantee the right of a c



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