FUDIN v. RUSSIA - 66637/12 (Judgment : Article 6 - Right to a fair trial : Third Section Committee) French Text [2020] ECHR 67 (21 January 2020)

FUDIN v. RUSSIA - 66637/12 (Judgment : Article 6 - Right to a fair trial : Third Section Committee) French Text [2020] ECHR 67 (21 January 2020)

The applicant was deprived of a genuine opportunity to access and comment on the prosecutor's reply and annexes, which were relied upon by the appellate court, violating Article 6 § 1 ECHR regarding the right to a fair trial and contradictory procedure.

Source-derived case information.

Citation
[2020] ECHR 67
Parties
Applicant: Aleksey Ivanovich Fudin; Respondent: Federation of Russia
Jurisdiction
European Union
Procedural Posture
Application Under Article 34 ECHR / Final Judgment
Outcome
violation found
Legal Topics
Right to a Fair Trial, Equality of Arms, Contradictory Procedure
Criminal Law Human Rights Law Right to a Fair Trial Equality of Arms Contradictory Procedure

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Parties

Aleksey Ivanovich Fudin

Applicant

Federation of Russia

Respondent

Procedural Posture

Application Under Article 34 ECHR / Final Judgment

  1. 1 Whether the applicant was denied the right to a contradictory procedure and equality of arms under Article 6 § 1 ECHR due to inability to access the prosecutor's reply and annexes during appeal

Ratio Decidendi

The applicant was deprived of a genuine opportunity to access and comment on the prosecutor's reply and annexes, which were relied upon by the appellate court, violating Article 6 § 1 ECHR regarding the right to a fair trial and contradictory procedure.

Court Disposition

violation found

Orders

  • State must pay applicant 850 EUR for costs and expenses within three months, convertible at the applicable rate, plus any tax due, with interest at the ECB marginal lending rate plus three percentage points from expiry until payment.
  • Request for further just satisfaction rejected.