DUBROVSKIY v. RUSSIA
Inadmissible
Alena Poláčková;Dmitry Dedov;Helen Keller;Helena Jäderblom;Johannes Silvis;Luis López Guerra;Pere Pastor Vilanova
1. The applicant, Mr Vitaliy Aleksandrovich Dubrovskiy, is a Russian national, who was born in 1980 and lives in Novosibirsk. 2. The Russian Government (“the Government”) were represented by Mr G. Matyushkin, the Representative of the Russian Federation at the European Court of Human Rights. 3. The facts of the case, as submitted by the parties, may be summarised as follows. 4. The applicant is a former investigator of the Federal Drug Control Service (Федеральная служба по контролю за оборотом наркотиков). Under the criminal procedure legislation in force at the material time, a criminal investigation into an investigator’s action was possible only after a court had issued a decision stating that an investigator’s actions or inaction contained indication of the constituent elements of a crime. 5. Following an application lodged with the court by a district prosecutor, on 8 June and 18 July 2007 the Tsentralniy District Court of Novosibirsk (Суд Центрального Района г. Новосибирска) concluded that there had been indication of the constituent elements of crimes, specifically abuse of power, bribery and forgery of official records in the actions of the applicant. 6. On the same date the district prosecutor opened two criminal investigations against the applicant. 7. On 16 January 2008 a supervising prosecutor reversed the decisions to initiate the criminal investigations due to the failure to comply with certain procedural requirements and returned the case file to the district prosecutor for reconsideration. 8. On 24 January 2008 a district prosecutor opened two criminal investigations against the applicant on the same grounds as previously relying, inter alia, on the evidence gathered after the reversals of 16 January 2008. On 31 January 2008 the two criminal investigations were joined. 9. On 14 October 2008 during a pre-trial hearing a judge of the Novosibirsk Regional Court (Новосибирский областной суд) discontinued the criminal proceedings against the applicant as no new court decision allowing the opening of a criminal investigation had been obtained since the decision of 16 January 2008. 10. On 17 December 2008 the Supreme Court of the Russian Federation upheld the decision on appeal. 11. Following an application by the Deputy Prosecutor General of the Russian Federation, on 3 April 2009 a judge of the Supreme Court of the Russian Federation initiated a supervisory review of the lower court’s decision. 12. On 27 May 2009 the Presidium of the Supreme Court of the Russian Federation annulled the decisions of 14 October 2008 and 17 December 2008 since they had been based on a mistaken interpretation of procedural law stating that no new court decision allowing to open criminal investigations had been required. 13. On 14 October 2009 two new criminal investigations were opened against the applicant on the same grounds as previously. 14. The parties did not submit any information on the progress and outcome of these proceedings against the applicant to the Court.