Rechtsprechung
EGMR - 30478/08 |
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- EGMR, 01.04.2010 - 42371/02
PAVLENKO v. RUSSIA
Auszug aus EGMR - 30478/08
On what self-incriminating statements obtained at the pre-trial stage (please, indicate their dates and provide their copies) did the domestic courts rely in finding the applicant guilty in the proceedings which ended with the final judgment of the Supreme Court of Russia of 6 December 2007? Were those statements obtained in the presence of the applicant's lawyer? Did the admission of those statements, some of them obtained allegedly under duress and in the absence of a lawyer, and the domestic courts" relying on them in convicting the applicant, as well as the applicant's allegedly forced refusal of his lawyer's services, render the proceedings against the applicant unfair in breach of Article 6 §§ 1 and 3 (c) of the Convention (see Gäfgen v. Germany [GC], no. 22978/05, §§ 165-66, ECHR 2010, with further references; Salduz v. Turkey [GC], no. 36391/02, § 55, ECHR 2008; Panovits v. Cyprus, no. 4268/04, §§ 64-77 and §§ 80-86, 11 December 2008; and Pavlenko v. Russia, no. 42371/02, §§ 103-118, 1 April 2010)?.