Cheplakov and Lunev v. Russia

THIRD SECTION

Applications nos. 41478/13 and 82669/17 Yevgeniy Valeriyevich CHEPLAKOV against Russia and Vladislav Vitalyevich LUNEV against Russia

The European Court of Human Rights (Third Section), sitting on 13 September 2018 as a Committee composed of:

Alena Poláčková, President, Dmitry Dedov, Jolien Schukking, judges,

and Liv Tigerstedt, Acting Deputy Section Registrar,

Having regard to the above applications lodged on the various dates indicated in the appended table,

Having regard to the observations submitted by the respondent Government,

Having deliberated, decides as follows:

FACTS AND PROCEDURE

The list of applicants is set out in the appended table.

The applicants’ complaints under Article 3 of the Convention concerning the use of metal cages in courtrooms were communicated to the Russian Government (“the Government”).

THE LAW

A. Joinder of the applications

Having regard to the similar subject matter of the applications, the Court finds it appropriate to examine them jointly in a single decision.

B. Complaints under Article 3 of the Convention

The applicants complained of their placement in a metal cage during the criminal proceedings against them, including the trial and appeal.

The Government, while confirming the applicants’ placement in a metal cage during the trial proceedings, have insisted that the applicants were not placed in a cage during the appeal hearings.

The Court does not have any reason to doubt the Government’s submissions supported by documents. It observes that the trial against the applicant, Mr Cheplakov, ended with his conviction on 27 September 2012 and the trial against Mr Lunev was terminated on 30 March 2017. The two applicants lodged their applications with the Court on 13 June 2012 and 20 November 2017, respectively. It thus follows that the applicants’ complaints about their placement in a cage during the trial were lodged more than six months after the termination of the trial proceedings against them (see Akimenkov v. Russia , nos. 2613/13 and 50041/14, § 93, 6 February 2018).

The applicants have not submitted that there existed any exceptional circumstances preventing them from complying with the six months’ rule. The Court therefore considers that their complaints under Article 3 of the Convention about being placed in metal cages during the trial were lodged out of time and must be rejected in accordance with Article 35 §§ 1 and 4 of the Convention.

The applicant’s complaints about their caging during the appeal proceedings were not supported by the evidence submitted by the parties. The Court thus considers that this part of the applications is manifestly ill ‑ founded and must be rejected pursuant to Article 35 §§ 3 (a) and 4 of the Convention.

For these reasons, the Court, unanimously,

Decides to join the applications;

Declares the applications inadmissible.

Done in English and notified in writing on 4 October 2018.

Liv Tigerstedt Alena Poláčková Acting Deputy Registrar President

APPENDIX

No.

Application no.

Date of introduction

Applicant’s name

Date of birth

Representative name and location

Name of the court

Date of the relevant judgment

41478/13

13/06/2013

Yevgeniy Valeriyevich Cheplakov

21/01/1990

Abakinskiy Town Court of the Republic of Khakassia

27/09/2012

Supreme Court of the Republic of Khakassia

18/12/2012

82669/17

20/11/2017

Vladislav Vitalyevich Lunev

26/08/1981

Storozhenko Nikolay Nikolayevich

Stavropol

Promyshlennyy District Court of Stavropol

30/03/2017

Stavropol Regional Court

19/07/2017