Постановление Европейского суда по правам человека от 05.03.2009 «Дело Бычков (Bychkov) против России» [англ.]

EUROPEAN COURT OF HUMAN RIGHTS

FIRST SECTION

CASE OF BYCHKOV v. RUSSIA
(Application No. 39420/03)

JUDGMENT <*>

(Strasbourg, 5.III.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 Bychkov v. Russia,
The European Court of Human Rights (First Section), sitting as a Chamber composed of:
Christos Rozakis, President,
Nina {Vajic} <*>,
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<*> Здесь и далее по тексту слова на национальном языке набраны латинским шрифтом и выделены фигурными скобками.

Anatoly Kovler,
Elisabeth Steiner,
Khanlar Hajiyev,
Dean Spielmann,
Sverre Erik Jebens, judges,
and {Soren} Nielsen, Section Registrar,
Having deliberated in private on 12 February 2009,
Delivers the following judgment, which was adopted on that date:

PROCEDURE

1. The case originated in an application (No. 39420/03) 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 Pavel Viktorovich Bychkov ("the applicant"), on 21 October 2003.
2. The Russian Government ("the Government") were represented by Mr P. Laptev, the former Representative of the Russian Federation at the European Court of Human Rights.
3. The applicant complained, in particular, that the conditions of his pre-trial detention had been appalling.
4. On 4 January 2006 the President of the First Section decided to give notice of the application to the Government. 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 1975. He is currently serving a prison sentence.

A. Criminal proceedings against the applicant

6. On 31 May 2000 the applicant, a tax police officer, was arrested. He was later remanded in custody on suspicion of banditry, robbery and abuse of power. His detention was subsequently extended on several occasions.
7. The proceedings against the applicant and co-accused were surrounded by an extensive media campaign. In particular, on 6 June 2000 the Segodnia daily newspaper published an article which contained a detailed description by a journalist of the charges against the applicant and co-accused. According to the applicant's submissions, similar statements were repeated in other Moscow newspapers ("Московский Комсомолец") in June 2000. The applicant asserted that the prosecutor had included these articles in the case file as evidence against him.
8. In April 2001 the pre-trial investigation was completed and the case was referred to the Moscow City Court.
9. On 8 May 2002 the Moscow City Court convicted the applicant as charged and sentenced him to thirteen years' imprisonment. The court relied on statements of many witnesses, including co-defendants and victims, and forensic expert reports.
10. On 1 October 2002 the Supreme Court of Russia, acting on appeal, quashed the judgment due to procedural defects and remitted the case for a fresh examination.
11. On 19 February 2003 the Moscow City Court convicted the applicant as charged and sentenced him to twelve years and six months' imprisonment. During the trial the defendants, relying on their right to silence, refused to testify. The court based its findings on numerous witnesses�



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