The ECHR found a violation of the requirements of Article 6 of the Convention for the Protection of Human Rights and Fundamental Freedoms and of Article 2, paragraph 1, of Protocol No. 7 to the Convention.

Заголовок: The ECHR found a violation of the requirements of Article 6 of the Convention for the Protection of Human Ri Сведения: 2020-04-29 03:39:58

The ECHR judgment of 08 October 2019 in the case of Martynyuk v. Russia (application No. 13764/15).

In 2015, the applicant was assisted in preparing the application. Subsequently, the application was communicated to the Russian Federation.

The case has successfully examined the application about the failure to conduct a fair trial in the applicant’s case and that the immediate execution of the court decision on administrative arrest violated his right to appeal. The case has violated Article 6 of the Convention for the Protection of Human Rights and Fundamental Freedoms (right to a fair trial), paragraph 1 of Article 2 of Protocol No. 7 to the Convention (the right to appeal criminal sentences in second instance).

In his application, the applicant alleged, in particular, that a fair trial had not been held in his case and that the immediate execution of the judicial decision on administrative arrest violated his right to appeal.

On October 8, 2019, in an application lodged by the applicant, the Court unanimously ruled that in the present case the Russian authorities violated the requirements of Article 6 of the Convention (right to a fair trial), Article 2 § 1 of Protocol No. 7 to the Convention (right to appeal against sentences in criminal matters in the second instance), and ordered the respondent Government to pay the applicant EUR 2,000 in respect of non-pecuniary damage.

 

 

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