CASE OF YEVDOKIMOV AND OTHERS v. RUSSIA
Remainder inadmissible;Violation of Article 6 - Right to a fair trial (Article 6 - Civil proceedings;Article 6-1 - Fair hearing);Pecuniary damage - claim dismissed (Article 41 - Pecuniary damage;Just satisfaction);Non-pecuniary damage - award (Article 41 - Non-pecuniary damage;Just satisfaction)
Branko Lubarda;Dmitry Dedov;George Nicolaou;Helen Keller;Helena Jäderblom;Johannes Silvis;Luis López Guerra
4. At the material time all the applicants were detained in Russian penal facilities. Where relevant, the dates of their detention are listed in Annex I. 5. While in detention, the applicants Mr Yevdokimov, Mr Rezanov, and Mr Morozov lodged defamation claims against private third parties; the applicants Mr Makhov, Mr Resin, Mr Anikanov, Mr Lebetskiy, Mr Gromovoy, Mr Gordeyev and Mr Vinokhodov brought claims seeking compensation for the allegedly inhuman conditions of their detention; and the applicant Mr Martirosyan lodged a civil claim for compensation, alleging that the criminal proceedings had been instituted unlawfully. 6. None of the applicants were able to attend the hearings at which their claims were examined. The domestic courts refused them the possibility to be present at the hearing, on the ground that there was no domestic legal provision for bringing detainees to courts. In particular, they quoted Article 77.1 of the Code on the Execution of Sentences (see paragraph 11 below) and the relevant provisions of the Code of Civil Procedure. In the other cases, the issue of the applicants’ presence in court was not addressed. 7. The applicants appealed, raising the question of their appearance in court in the appeal statement. Some submitted a separate request seeking leave to appear before the appeal court. The appeal courts either dismissed the applicants’ arguments or concluded that their absence from the court was in line with the legislation and did not contravene the principle of fairness. 8. The applicants’ claims were refused at two levels of jurisdiction. The dates of the final judgments are set out in Annex I.