CASE OF SERGEYEV v. RUSSIA
Violation of Article 6+6-3-c - Right to a fair trial (Article 6 - Criminal proceedings;Article 6-1 - Fair hearing) (Article 6 - Right to a fair trial;Article 6-3-c - Defence through legal assistance)
Erik Møse;Julia Laffranque;Khanlar Hajiyev
4. The applicant was born in 1969 and lives in Moscow. 5. On 13 August 2008 the Taganskiy District Court of Moscow found the applicant guilty of corruption and sentenced him to three years’ imprisonment. 6. The applicant appealed. On 13 October 2008 the Moscow City Court modified the judgment on appeal. It characterised the offence as an abuse of power and reduced the sentence to one and a half years’ imprisonment. A prosecutor was present during the hearing and made oral submissions. The applicant also attended the hearing, but was not represented. As it happened, on the same day his lawyer had asked the City Court to examine the case in his absence. 7. Between 21 November 2007 and 3 November 2008 the applicant was held in remand prison IZ-77/2 in Moscow. The prison was overcrowded.