Постановление Европейского суда по правам человека от 05.02.2009 «Дело Макеев (Makeyev) против России» [англ.]

EUROPEAN COURT OF HUMAN RIGHTS

FIRST SECTION

CASE OF MAKEYEV v. RUSSIA
(Application No. 13769/04)

JUDGMENT <*>

(Strasbourg, 5.II.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 Makeyev 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,
Giorgio Malinverni,
George Nicolaou, judges,
and {Soren} Nielsen, Section Registrar,
Having deliberated in private on 15 January 2009,
Delivers the following judgment, which was adopted on that date:

PROCEDURE

1. The case originated in an application (No. 13769/04) 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 Anatoliy Viktorovich Makeyev ("the applicant"), on 10 February 2004.
2. The applicant, who had been granted legal aid, was represented by Ms O. Preobrazhenskaya and Ms M. Arutyunyan, lawyers with the International Protection Centre in Moscow. The Russian Government ("the Government") were represented by Mr P. Laptev, former Representative of the Russian Federation at the European Court of Human Rights.
3. The applicant alleged that the criminal proceedings against him had been unfair because he had been unable to examine witnesses against him.
4. On 14 April 2006 the President of the First Section decided to communicate 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).
5. The Government objected to the joint examination of the admissibility and merits of the application. Having examined the Government's objection, the Court dismissed it.

THE FACTS

I. The circumstances of the case

6. The applicant was born in 1954 and lives in the Moscow Region.
7. On 6 March 2003 the applicant and Mr S. were arrested and charged with the armed robbery of Ms M., an offence under Article 161 § 2 (g) of the Russian Criminal Code, and the robbery of Ms G., an offence under Article 162 § 2 (g) of the Criminal Code.
8. The first charge was based on the investigator's interviews with Ms M., the victim, and Ms K., an eyewitness to the robbery. Ms M. stated that on 30 January 2003 she had been working as a pedlar. The applicant and Mr S. had come up to her and told her to give them merchandise and money. The applicant had threatened her with a knife. She panicked. The men stuffed the merchandise in bags, took her money and left. Ms K. testified that on 30 January 2003 she had seen two men approach Ms M. and heard them ask for money. They had verbally threatened her. Then they had got hold of the merchandise and left. The applicant's flat was searched and the objects taken from Ms M. were found there. An identification parade was held and Ms M. identified the applicant and Mr S. as the persons who had robbed her.
9. The second charge was based on the statements that Ms G. and her brother Mr G. gave to the investigator. Ms G. explained that at some time in February 2003 the applicant and Mr S. had come to her brother Mr G. They had locked themselves in



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