Lagutin and Others v. Russia - 6228/09 19678/07 52340/08 7451/09 19123/09 - Legal Summary [2014] ECHR 516 (24 April 2014)

Lagutin and Others v. Russia - 6228/09 19678/07 52340/08 7451/09 19123/09 - Legal Summary [2014] ECHR 516 (24 April 2014)

The domestic courts failed to adequately examine the applicants' allegations of police entrapment, did not clarify the content of the operational files, and accepted unconfirmed police statements without adversarial scrutiny, violating the applicants' right to a fair trial under Article 6 § 1.

Source-derived case information.

Citation
[2014] ECHR 516
Parties
Applicants: Lagutin and Others; Respondent: Russia
Jurisdiction
European Union
Judgment Date
24 April 2014
Procedural Posture
Application to the European Court of Human Rights / Judgment
Outcome
violation of Article 6 § 1 (right to a fair trial) unanimously found
Legal Topics
Fair Trial, Police Entrapment, Adversarial Proceedings, Equality of Arms
Criminal Law Human Rights Law Fair Trial Police Entrapment Adversarial Proceedings Equality of Arms

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Parties

Lagutin and Others

Applicants

Russia

Respondent

Procedural Posture

Application to the European Court of Human Rights / Judgment

Legal Issues

  1. 1 Whether the applicants' convictions following police incitement violated their right to a fair trial under Article 6 § 1 of the European Convention on Human Rights
  2. 2 Whether the domestic courts adequately examined allegations of police entrapment

Ratio Decidendi

The domestic courts failed to adequately examine the applicants' allegations of police entrapment, did not clarify the content of the operational files, and accepted unconfirmed police statements without adversarial scrutiny, violating the applicants' right to a fair trial under Article 6 § 1.

Court Disposition

violation of Article 6 § 1 (right to a fair trial) unanimously found

Orders

  • EUR 3,000 awarded to each applicant except the fourth for non-pecuniary damage