Devyatov v. Russia

THIRD SECTION

Application no. 23501/19 Aleksandr Ivanovich DEVYATOV against Russia

(see appended table)

The European Court of Human Rights (Third Section), sitting on 2 June 2022 as a Committee composed of:

Darian Pavli, President, Andreas Zünd, Mikhail Lobov, judges,

and Viktoriya Maradudina, Acting Deputy Section Registrar,

Having regard to the above application lodged on 17 April 2019,

Having regard to the observations submitted by the respondent Government,

Having deliberated, decides as follows:

FACTS AND PROCEDURE

The applicant’s details are set out in the appended table.

The applicant’s complaints under Article 6 § 1 of the Convention concerning the applicant’s absence from civil proceedings were communicated to the Russian Government (“the Government”).

THE LAW

In the present application, having examined all the material before it, the Court considers that for the reasons stated below, the complaint about the applicant’s absence from the appeal hearing is inadmissible.

he Court notes that the first-instance court heard the applicant, questioned him on the merits of his complaint and accepted additional motions and evidence from him. Thus, the applicant was given an ample opportunity to state his case before the first-instance court.

The appeal court did not examine any new facts or evidence. The applicant filed an appeal where he stated all his arguments and the appeal court duly examined them. The Court notes that the appeal courts weighed the necessity of the parties’ personal presence and, reasonably, decided that it was not necessary in view of the nature of the applicant’s claims.

In view of the above, the Court finds that these complaints are manifestly ill-founded and must be rejected in accordance with Article 35 §§ 3 and 4 of the Convention.

For these reasons, the Court, unanimously,

Declares the application inadmissible.

Done in English and notified in writing on 23 June 2022.

Viktoriya Maradudina Darian Pavli Acting Deputy Registrar President

APPENDIX

Application raising complaints under Article 6 § 1 of the Convention

(applicant’s absence from civil proceedings)

Application no.

Date of introduction

Applicant’s name

Year of birth

Nature of the dispute

Final decision

First-instance hearing date

Court

Appeal hearing date

Court

Final decision date

Court

23501/19

17/04/2019

Aleksandr Ivanovich DEVYATOV

1976

claim for compensation for damages caused by poor conditions of detention

03/05/2018

Argayashskiy District Court of Chelyabinsk Region

11/10/2018

Chelyabinsk Regional Court

14/03/2019

Supreme Court of Russia