CASE OF ADAYEV v. RUSSIA
Violation of Article 6+6-3-d - Right to a fair trial (Article 6-1 - Fair hearing) (Article 6 - Right to a fair trial;Article 6-3-d - Examination of witnesses)
Branko Lubarda;Dmitry Dedov;Helena Jäderblom
4. The applicant was born in 1976 and lives in Achkhoy-Martan, Chechen Republic. 5. On 13 January 2001 two soldiers of the Russian federal forces M. and P. came to the applicant’s house to buy drugs. After the applicant sold heroin to them, unknown persons attacked the soldiers, put them in a car and took them to a hide-out where they were kept for five days. The kidnappers also took M.’s automatic gun. The soldiers were released by law-enforcement officers on 18 January 2001. The gun was never found. 6. On an unspecified date the authorities opened a criminal investigation into the soldiers’ abduction. The applicant was the only suspect. Other perpetrators had not been identified. 7. According to the applicant, on 4 April 2007 at approximately 7 p.m. he was arrested on suspicion of having participated in abduction of M. and P. According to the arrest record, the applicant was arrested on 5 April 2007 at 10:40 a.m. 8. On 6 April 2007 the Achkhoy-Martan District Court of the Chechen Republic authorised the applicant’s detention pending the criminal proceedings against him. 9. On an unspecified date the investigator questioned M. and P. Both of them submitted that they had been abducted from the inner yard adjacent to the applicant’s house. They had come to the applicant’s house to buy drugs. The applicant had asked them to enter to help him move the car that had been parked inside. After they had been done with the car, they had been attacked by four persons. M. had cried out to the applicant for help, but the applicant had done nothing. After that they had been blindfolded, put in a car and taken to another place. 10. On 26 June 2007 the District Court found the applicant guilty of abduction and theft of firearms and sentenced him to seven years’ imprisonment. The court relied on the statements of M. and P. given during the questioning by the investigator, the written statements made by their parents to whom M. and P. had told about their abduction, the written statements made by other soldiers who confirmed that M. and P. had been missing in 2001. Investigator Mir. testified in court as regards his questioning of M. and P. The court also heard a number of the applicant’s relatives and neighbours who testified as to the applicant’s character and the curfew introduced in the village in 2001 and studied the materials from the case-file prepared by the investigator. As regards the use of M. and P.’s written statements, the court noted as follows: “... According to [the rules of criminal procedure], if the victim of the crime fails to appear in court, the court, if requested by a party to the proceedings or of its own motion, may decide to have the [victim’s] earlier statement read out in the event of a natural calamity or other extraordinary circumstances preventing the [victim’s] appearance in court. The court considers that the victims were prevented from appearing in court for the following reasons: their psychological state, i.e, their lack of desire to reminisce about the circumstances of the abduction coupled with deprivation of liberty and, possibly, with the life threat, and to live through this again; lack of safety during the trip to Chechen Republic where the political situation is still troublesome, especially ... for ethnic Russians who are not locals; a risk that the [applicant’s] relatives might put pressure on them; and the fact that they live far away and do not have means to pay for the trip to attend the court hearing. The court considers such circumstances to be extraordinary and preventing the victims from appearing in court.” 11. On 15 August 2007 the Supreme Court of the Chechen Republic upheld the applicant’s conviction on appeal. 12. On 26 December 2011 the applicant was released.