CASE OF MISYUKEVICH 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)
Dmitry Dedov;Julia Laffranque;Khanlar Hajiyev
4. The applicant was born in 1965 and lives in Nizhniy Tagil. 5. On 19 August 2009 the Leninskiy District Court of Yekaterinburg convicted the applicant of massive fraud, an offence punishable with up to ten years’ imprisonment, and sentenced him to five and a half years’ in prison. 6. During the trial the applicant was represented by his counsel. 7. On 3 September 2009 the applicant lodged an appeal. 8. On 23 October 2009 the Sverdlovskiy Regional Court upheld the judgment on appeal. It follows from the appeal judgment that the applicant could follow the appeal hearing by video link from the Yekaterinburg remand prison IZ-66/1. Counsel and prosecutor did not attend the hearing. 9. On 19 August 2009 the applicant was placed in Yekaterinburg remand prison IZ-66/1 and was held there until 27 October 2009. According to the applicant, conditions of detention there were inhuman and degrading because of overcrowding.