Khaykharoyev v. Russia

THIRD SECTION

Application no. 43815/08 Israpil Isayevich KHAYKHAROYEV against Russia

The European Court of Human Rights (Third Section), sitting on 17 October 2017 as a Committee composed of:

Helen Keller, President, Pere Pastor Vilanova, Alena Poláčková, judges, and Fatoş Aracı, Deputy Section Registrar,

Having regard to the above application lodged on 19 August 2008,

Having deliberated, decides as follows:

THE FACTS

The applicant, Mr Israpil Isayevich Khaykharoyev, is a Russian national, who was born in 1982.

The facts of the case, as submitted by the applicant, may be summarised as follows.

On 11 October 2007 the Supreme Court of Chechen Republic convicted the applicant of attempted aggravated murders, encroachment upon the life of a law-enforcement official, banditry and illegal possession of weapons and sentenced him to a long term imprisonment. The applicant’s lawyer appealed.

On 20 February 2008 Supreme Court of Russia rejected the appeal and upheld the applicant’s conviction and sentence.

COMPLAINTS

The applicant complained under Article 6 of the Convention about the use of witness testimony obtained by torture for his conviction, failure to question certain prosecution witnesses in open court, defects of legal representation at the pre-trial stage of the proceedings, failure to inform his representative of a hearing, lack of clarity of the bill of indictment and absence of translation into his native language, and lack of proper reasoning of the appeal judgment.

THE LAW

Having regard to all the material in its possession, and in so far as the matters complained of are within its competence, the Court finds that the applicant’s complaints are inadmissible and must be rejected in accordance with Article 35 §§ 1, 3 (a) and 4 of the Convention.

For these reasons, the Court, unanimously,

Declares the application inadmissible.

Done in English and notified in writing on 16 November 2017.

Fatoş Aracı Helen Keller Deputy Registrar President