OORZHAK v. RUSSIA - 4830/18 (Judgment : Right to a fair trial : Third Section) French Text [2021] ECHR 262 (30 March 2021)

OORZHAK v. RUSSIA - 4830/18 (Judgment : Right to a fair trial : Third Section) French Text [2021] ECHR 262 (30 March 2021)

The rejection of the applicant's cassation appeal for failing to specify the correct court formation lacked a legitimate aim and was excessively formalistic, thereby violating his right of access to a court under Article 6 § 1 of the Convention.

Source-derived case information.

Citation
[2021] ECHR 262
Parties
Applicant: Orlan Dazhiyevich Oorzhak; Respondent: Federation of Russia
Jurisdiction
European Union
Procedural Posture
Application to European Court of Human Rights / Final Judgment
Outcome
violation of Article 6 § 1 of the Convention found
Legal Topics
Right to a Fair Trial, Access to Court, Excessive Formalism, Cassation Procedure
Human Rights Civil Procedure Right to a Fair Trial Access to Court Excessive Formalism Cassation Procedure

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Parties

Orlan Dazhiyevich Oorzhak

Applicant

Federation of Russia

Respondent

Procedural Posture

Application to European Court of Human Rights / Final Judgment

  1. 1 Whether the rejection of the applicant's cassation appeal for formalistic reasons violated his right of access to a court under Article 6 § 1 of the Convention

Ratio Decidendi

The rejection of the applicant's cassation appeal for failing to specify the correct court formation lacked a legitimate aim and was excessively formalistic, thereby violating his right of access to a court under Article 6 § 1 of the Convention.

Court Disposition

violation of Article 6 § 1 of the Convention found

Orders

  • The respondent State must pay the applicant 1,000 EUR for non-pecuniary damage, plus any applicable tax.
  • The respondent State must pay the applicant 1,000 EUR for costs and expenses, plus any applicable tax.