CRIMINAL DEFENSE
Эффективная защита в области уголовного права
Новости
23.08.2022

In the court decision delivered on July 21, 2022, following the appeal ‘Semenov v. Russia’, the European Court of Human Rights established violations of articles 5(4), 3, 8(1) of the European Convention on Human Rights regarding the excessive duration of the judgement review, the client’s custodial detention, and violations of his conditions of confinement in the pretrial detention centre. 

The ECHR ordered the Russian government to pay the entrepreneur and the former municipal deputy of Leningrad Oblast Semenov A. a compensation for violating provisions of the Convention in an amount of €9,750.

Considering the consistency of such violations on the corresponding appeals and cases of other clients, the ECHR combined them into one proceeding in the case of Boyko-Velikiy and Others v. Russia, Application no. 28521/21 Semenov v. Russia Joined to application no. 24847/20 – Boyko-Velikiy v. Russia).

In the commentary on the ECHR decision, Criminal Defense Firm Partner Artyom Polovinkin pointed out that ‘in Semenov case, the ECHR established the following violations: 

  • use of assumptions in the absence of any evidential base for risks to escape or pervert the court of justice;
  • non-application of any other pre-trial restrictions; 
  • frailty of grounds used by courts that are traced and specified by the ECHR in the cases of other clients listed in the common decision of the ECHR on the appeals. 

In order for the European Court to interact and then satisfy the appeal, we had to carry out the necessary work to appeal each of the court orders on the extension of detention period in the appeals instance and justify the consistent violation of Article 5 of the Convention. Providing the examples and correlation to the corresponding provisions of the Russian Federation Code of Criminal Procedure became the part and then the result of the developed strategy of the entrepreneur’s defence.’ 

Follow the link to learn more about the ECHR decision.