Case of European Court of Human Rights, January 09, 2020 (case ALEKSANDROV v. UKRAINE)

Defense:UKRAINE
Resolution Date:January 09, 2020
SUMMARY

Violation of Article 34 - Individual applications (Article 34 - Hinder the exercise of the right of application)

 
FREE EXCERPT

FIFTH SECTION

CASE OF ALEKSANDROV v. UKRAINE

(Application no. 56483/09)

JUDGMENT

STRASBOURG

9 January 2020

This judgment is final but it may be subject to editorial revision.

In the case of Aleksandrov v. Ukraine,

The European Court of Human Rights (Fifth Section), sitting as a Committee composed of:

André Potocki, President,Mārtiņš Mits,Lәtif Hüseynov, judges,and Milan Blaško, Deputy Section Registrar,

Having deliberated in private on 3 December 2019,

Delivers the following judgment, which was adopted on that date:

PROCEDURE

  1. The case originated in an application (no. 56483/09) against Ukraine lodged with the Court under Article 34 of the Convention for the Protection of Human Rights and Fundamental Freedoms (“the Convention”) by a Ukrainian national, Mr Ruslan Alekseyevich Aleksandrov (“the applicant”), on 5 October 2009.

  2. The Ukrainian Government (“the Government”) were represented by their Agent, Mr I. Lishchyna of the Ministry of Justice. On 13 June 2019 the applicant was granted leave to present his own case.

  3. On 30 May 2018 the Government were given notice of the complaint under Article 34 of the Convention concerning the failure of the authorities to provide him with copies of documents from his case file and the remainder of the application was declared inadmissible pursuant to Rule 54 § 3 of the Rules of Court.

    THE FACTS

  4. The applicant was born in 1978 and is detained in Berdychiv.

  5. On 25 December 2008 the Court of Appeal of the Autonomous Republic of Crimea (“the Crimea Court of Appeal”) convicted the applicant of two counts of rape and one of murder, sentencing him to fifteen years’ imprisonment.

  6. On 21 May 2009 the Supreme Court of Ukraine upheld the decision of the Crimea Court of Appeal.

  7. The applicant is serving his sentence at the Berdychiv correctional colony no. 70 in Zhytomyr Region.

  8. On 5 October 2009 the applicant informed the Court of his intention to file an application with the Court.

  9. In a letter dated 10 May 2010, the Court acknowledged the receipt of the application form with attachments and asked the applicant to submit copies of domestic courts’ decisions and other documents relevant to the applicant’s case before 10 August 2010.

  10. Between 2009 and 2013 on numerous occasions the applicant asked the Crimea Court of Appeal and the Supreme Court of Ukraine to provide him with access to his case file or to send him copies of procedural documents from his case file. He indicated that those documents were requested by the Court.

  11. On 2 February, 11 June, and 7 and 9 July 2009, 10 March, 28 April, 1 and 21 July, 4 August, and 5 November 2010, 16 March and 5 October 2011, and 10 May 2012 the Crimea Court of Appeal rejected the applicant’s applications to obtain access to his criminal case file. It explained that the applications had no legal basis, since the applicable law did not provide for the possibility to receive copies of documents from a criminal case file after a conviction had become final.

  12. On 17 February 2012 the...

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