Smolin and Others v. Russia
Inadmissible
Berörda konventionsartiklar
SECOND SECTION
Application no. 26474/11 Aleksandr Grigoryevich SMOLIN against Russia and 6 other applications
(see appended table)
The European Court of Human Rights (Second Section), sitting on 11 January 2024 as a Committee composed of:
Lorraine Schembri Orland , President , Frédéric Krenc, Davor Derenčinović , judges ,
and Viktoriya Maradudina, Acting Deputy Section Registrar,
Having regard to the above applications lodged on the various dates indicated in the appended table,
Having regard to the observations submitted by the respondent Government and the observations in reply submitted by the applicants,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
The list of applicants is set out in the appended table.
The applicants’ complaints under Article 6 §§ 1 and 3 (d) of the Convention concerning the unfair trial in view of restrictions on the right to examine witnesses were communicated to the Russian Government (“the Government”).
THE LAW
Having regard to the similar subject matter of the applications, the Court finds it appropriate to examine them jointly in a single decision.
In the present applications, having examined all the material before it, the Court considers that the applicants’ complaints concerning their right to examine witnesses in the course of the criminal proceedings against them are inadmissible.
In particular, the Court notes that, in the light of the principles established in the case-law under Article 6 §§ 1 and 3 (d) of the Convention (see Al ‑ Khawaja and Tahery v. the United Kingdom [GC], nos. 26766/05 and 22228/06, §§ 118-47, ECHR 2011, Schatschaschwili v. Germany [GC], no. 9154/10, §§ 100-31, ECHR 2015, and Murtazaliyeva v. Russia [GC], no. 36658/05, §§ 117-27, 18 December 2018), the applicants’ criminal trials had complied with overall fairness requirement.
In view of the above, the Court finds that these complaints are manifestly ill-founded and must be rejected in accordance with Article 35 §§ 3 and 4 of the Convention.
For these reasons, the Court, unanimously,
Decides to join the applications;
Declares the applications inadmissible.
Done in English and notified in writing on 1 February 2024.
Viktoriya Maradudina Lorraine Schembri Orland Acting Deputy Registrar President
APPENDIX
List of applications raising complaints under Article 6 §§ 1 and 3 (d) of the Convention
(unfair trial in view of restrictions on the right to examine witnesses)
No.
Application no.
Date of introduction
Applicant’s name
Year of birth
Representative’s name and location
Final domestic decision
Convicted of
Witness (indicated by initials).
Absent and/or anonymous.
Evidence type
Reasons for absence and/or anonymity
Counterbalancing factors
Overall fairness
26474/11
09/04/2011
Aleksandr Grigoryevich SMOLIN
1963
Yefremova Yekaterina Viktorovna
Moscow
Supreme Court of Russia
13/10/2010
murder
“Ivanov”, “Petrov”, “Semenov”
Anonymous witnesses;
their statements of significant weight
“Ryzhiy”
Anonymous witness;
circumstantial evidence;
Mr V.
Absent witness;
significant weight of statements
fear
death
No breach of the overall fairness due to the strength of the other prosecution evidence
42933/11
02/12/2011
Denis Yevgenyevich KUDRIN
1979
Anishchik Oleg Olegovich
St. Petersburg
Sakhalin Regional Court
05/07/2013
murder, illegal possession of firearms
“Alfa”, “Beta”, “Mamonov”, “Nataliya”,
Anonymous witnesses
significant weight of their statements
fear
No breach of the overall fairness due to the strength of the other prosecution evidence
74812/14
19/11/2014
Dzhamalutdin Arsenovich EBUYEV
1991
Allakhverdiyev Rafik Afdandil Ogly
Volgograd
Volgograd Regional Court
30/06/2014
drug trafficking
"Buyer",
absent and anonymous witness;
significant weight of the statements
could not be located
No breach of the overall fairness due to the strength of the other prosecution evidence
17005/15
06/03/2015
Nadezhda Mikhaylovna ARGUNOVA
1983
Alferova Larisa Valentinovna
Perm
Perm Regional Court
09/09/2014
drug trafficking
"Pavlichev",
Anonymous witness
Significant weight of statements
fear
No breach of the overall fairness due to the strength of the other prosecution evidence.
32711/15
10/06/2015
Zikrullokhon Fayzullokhodzhayevich RAKHMONKHODZHAYEV
1975
Gadzhiyev Bunyamin Eldarovich
Moscow
Supreme Court of the Russian Federation
11/12/2014
membership in an extremist organisation, preparation to forceful overthrowing of power, illegal possession of arms
"Guseynov", "Krasnov", "Djurayev" and "Kurbonov"
anonymous
"Sadykov",
absent and anonymous witnesses;
significant weight of the statements
none
No breach of the overall fairness due to the strength of the other prosecution evidence
37259/15
06/07/2015
Andrey Valeryevich CHILYAKOV
1988
Khashimov Raul Amurovich
Chelyabinsk
Chelyabinsk Regional Court
16/01/2015
driving offence
Mr P.
witness for the defence
court’s refusal to call witness for the defence as the attendance was impossible to attend
No breach of the overall fairness due to the strength of the other prosecution evidence
44198/15
17/08/2015
Sergey Vladislavovich GULIN
1973
Orlova Aelita Eduardovna
Olenegorsk
Murmansk Regional Court
17/02/2015
unlawful deprivation of liberty, murder
"Kulishenko”,
Anonymous witness;
significant weight of the testimony
fear
No breach of the overall fairness due to the strength of the other prosecution evidence