The ECHR revealed a violation of the requirements of Article 6 of the Convention for the Protection of Human Rights and Fundamental Freedoms only in respect of the first, fourth and fifth applicants regarding the impossibility of their presence in the cou

Заголовок: The ECHR revealed a violation of the requirements of Article 6 of the Convention for the Protection of Human Сведения: 2018-10-12 08:45:28

The case was successfully considered the complaints of the applicants that they were deprived of the opportunity either personally or through a representative to represent their position in the court of appeal in the framework of the criminal proceedings. The case has violated the requirements of Article 6 of the Convention for the Protection of Human Rights and Fundamental Freedoms.

In 2006, 2007, 2008 2009, 2010, 2011 and 2012, claimants were assisted in the preparation of аpplications. Subsequently, the аpplications were merged and communicated to the Russian Federation.

In their complaints, the applicants (10 people) complained that they were deprived of the opportunity either personally or through a representative to represent their position in an appellate court in criminal proceedings. All the applicants, with the exception of the third and fourth, were duly notified of their hearings, but none of them could attend the court hearings.
On February 7, 2017 on the complaints lodged by the applicants, the European Court unanimously decided that in the present case the authorities violated the requirements of Article 6 of the Convention (the right to a fair trial) only in respect of the first, fourth and fifth applicants regarding the impossibility of their presence in the appellate court authorities in criminal proceedings, and ordered the respondent State to pay each of these applicants 4,000 euros in compensation for non-pecuniary damage. The Court considers that the status of the victim of the third applicant should be rejected.

Resolution of the ECHR of February 07, 2017 in the case of Marov and Others (Marov and Others) against the Russian Federation (аpplications N 47017/06, 23797/07, 10723/08, 24617/09, 28490/09, 30762/09, 58626 (09, 65993/10, 45047/11 and 40844/12).

 

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