CASE OF POPOV v. RUSSIA
Violation of Article 5 - Right to liberty and security (Article 5-1 - Deprivation of liberty;Lawful arrest or detention);Violation of Article 5 - Right to liberty and security (Article 5-5 - Compensation);Violation of Article 6 - Right to a fair trial (Article 6 - Civil proceedings;Article 6-1 - Fair hearing);Violation of Article 6 - Right to a fair trial (Article 6 - Enforcement proceedings;Article 6-1 - Access to court);Violation of Article 1 of Protocol No. 1 - Protection of property (Article 1 para. 1 of Protocol No. 1 - Peaceful enjoyment of possessions)
Alena Poláčková;Helen Keller;Johannes Silvis
4. The applicant was born in 1975 and lives in Novokuznetsk, the Kemerovo Region. 5. In the morning of 14 June 2007 policemen came to the applicant’s flat and took him to the police station in Pospelikha village in the Altay Region (“the police station”) for an interview. He was questioned about the circumstances of a theft which had occurred the day before and made selfincriminating statements. 6. During the questioning the investigator had to answer a telephone call and stepped out of the office. Left alone, the applicant attempted to walk out but was stopped at the door by a policeman who told him to stay inside and wait. He spent around four hours in the investigator’s office before he was allowed to leave. According to the Government, the applicant came to the police station voluntarily and stayed there for no longer than forty minutes. 7. On 18 June 2007 the investigators charged the applicant with theft but dropped the charges one month later. 8. In 2009 the applicant brought a civil claim for compensation for unlawful criminal prosecution and deprivation of liberty. 9. On 20 October 2009 the Pospelikhinskiy District Court of the Altay Region examined the case in the applicant’s absence. The court noted that the applicant had been informed about the date and place of the hearing but, as he was serving a term of imprisonment, his presence in person could not be ensured. On the merits, the court held that the applicant was entitled to compensation for the unlawful criminal prosecution. It also considered that the questioning of 14 June 2007 had not amounted to a deprivation of liberty and could not give rise to any form of compensation. The applicant was awarded 1,000 Russian roubles (RUB) in respect of non-pecuniary damage. 10. The applicant appealed against the judgment, arguing that the court award was too low and that it did not take into account the deprivation of liberty. He also requested leave to appear before the appeal court. On 10 February 2009 the Altay Regional Court dismissed the applicant’s appeal in his absence, endorsing the District Court’s reasoning. 11. The judgment of 20 October 2009 was enforced on 5 March 2011. 12. In 2007 Ms I. brought a civil action against the applicant, seeking to recover a contractual debt. On 5 July 2007 the Justice of the Peace of the Pospelikhinskiy District of the Altay Region examined the case in the applicant’s absence. The judgment indicated that the applicant was serving a term of imprisonment and that he had been informed in a timely way about the date and place of the hearing. The Justice of the Peace granted the claim and ordered the applicant to pay RUB 11,311 to Ms I. 13. The applicant appealed to the Pospelikhinskiy District Court and sought leave to appear before the appeal court. By an interim decision of 12 September 2007, the District Court refused the applicant leave to appear, finding that the Code of Civil Procedure did not provide for escorting detained litigants to courts hearing civil cases. On 10 October 2007 the Pospelikhinskiy District Court upheld the judgment on appeal, endorsing the findings of the Justice of the Peace. The applicant received a copy of the appeal judgement in November 2007.