Постановление Европейского суда по правам человека от 08.01.2009 "Дело "Алексеенко (Alekseyenko) против Российской Федерации" [рус., англ.]

Court of Human Rights (First Section), sitting as a Chamber composed of:
Christos Rozakis, President,
Anatoly Kovler,
Elisabeth Steiner,
Khanlar Hajiyev,
Dean Spielmann,
Sverre Erik Jebens,
Giorgio Malinverni, judges,
and {Soren} Nielsen, Section Registrar,
Having deliberated in private on 4 December 2008,
Delivers the following judgment, which was adopted on the last-mentioned date:

PROCEDURE

1. The case originated in an application (No. 74266/01) 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 Aleksandr Borisovich Alekseyenko ("the applicant"), on 22 January 2001.
2. The applicant, who had been granted legal aid, was represented by Mr A. Artemov and Ms A. Koreshkova, lawyers practising in Moscow. The Russian Government ("the Government") were represented by Mr P. Laptev and Ms V. Milinchuk, former Representatives of the Russian Federation at the European Court of Human Rights.
3. The applicant alleged, in particular, that the authorities had failed to notify him of the hearing of 18 October 2000 and to respect his Article 6 rights at that hearing. The applicant also complained of the interference with his correspondence with the Court. He complained, further, of a violation of his right of individual petition, in that the authorities had allegedly tried to put pressure on him to withdraw the case from the Court.
4. By a decision of 31 May 2007, the Court declared the application partly admissible.
5. The Chamber having decided, after consulting the parties, that no hearing on the merits was required (Rule 59 § 3 in fine), the parties replied in writing to each other's observations.

THE FACTS

I. The circumstances of the case

6. The applicant was born in 1966 and lives in the village of Trudovoy, the Rostov Region.

A. Criminal proceedings against the applicant

7. In 1996 the applicant was arrested and charged with a number of serious offences, including possession of explosives, death threats, attempted murder and murder.
8. The Rostov Regional Court examined the applicant's case and gave judgment on 18 February 1997 acquitting him on all charges.
9. On 30 April 1997 the Supreme Court of Russia examined the first-instance judgment on appeal. The court decided that the trial court had committed serious breaches of procedure, quashed the judgment of 18 February 1997 and remitted the case for a fresh examination at first instance.
10. On 23 July 1997 the Rostov Regional Court re-examined the applicant's case and found him guilty on all charges. He was sentenced to fifteen years' imprisonment. The court also ordered the forfeiture of the applicant's property.
11. An appeal by the applicant against the judgment of 23 July 1997 was dismissed by the Supreme Court of Russia on 25 December 1997.
12. On an unspecified date the Deputy Prosecutor General of the Russian Federation lodged a special appeal against the judgment of 23 July and the decision of 25 December 1997.
13. On 18 October 2000 the Presidium of the Supreme Court of Russia examined the prosecutor's appeal. The court reopened the proceedings and partly changed the decisions in the case. In particular, the court declared the prosecution in respect of the death threats to be time-barred and changed the legal characterisation of the applicant's criminal conduct in relation to one of the other charges. The applicant's sentence remained unchanged.
14. The applicant and his counsel were neither notified of the hearing nor summoned to it. The prose



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