The ECHR judgment of January 15, 2019 in the case of Belyaev v. Russia (Belyayev v. Russia) (application No. 43852/12).
The case has successfully examined an application about an ineffective investigation into the ill-treatment suffered by the applicant and a violation of the right to a fair hearing in connection with the refusal of the Russian courts to ensure the effective participation of the applicant in the proceedings in the compensation case to which he was a party. The case has violated the requirements of Articles 3 and 6 of the Convention for the Protection of Human Rights and Fundamental Freedoms.
In 2012, the applicant was assisted in preparing the application. Subsequently, the application was communicated to the Russian Federation.
In his complaint, the applicant complained that he had been ill-treated and that a subsequent investigation into this circumstance was ineffective. The applicant also claimed that his right to a fair trial was violated in connection with the refusal of the courts of the Russian Federation to ensure his effective participation in the proceedings in the compensation case to which he was a party.
On January 15, 2019, on a complaint filed by the applicant, the Court unanimously ruled that in the present case the Russian authorities violated the requirements of Articles 3 (prohibition of torture) in its substantive and procedural aspects and 6 of the Convention (right to a fair trial) , and ordered the respondent Government to pay the applicant EUR 15,000 in respect of non-pecuniary damage.