EURASIA LIFT

Human Rights Issues in Eurasia / Правовые Вопросы В Регионах Евразии

Russia: After Winning at ECHR, Applicant Achieves Revocation of Sentence

Posted by Info on 21/03/2011

The European Court of Human Rights ruled in the case Alexander Lopata v. Russian Federation (application No. 72250/01) on July 13, 2010.

The Uchalinsky District Court in the Republic of Bashkortostan found Alexander Lopata to be guilty of murder, based on his confessions.
The European Court of Human Rights found that Article 3 (prohibition of torture and ill-treatment) of the European Convention on Human Rights and Fundamental Freedoms had been violated, as the applicants complaints about torturing him in order to make him confess, were not adequately investigated.

Furthermore, the Court found that Article 6 (right to a fair trial) of the Convention had been violated by the Russian Federation.

After the court ruled on his complaint, Lopata asked the Supreme Court of the Russian Federation to revoke the sentence and to resume investigations on his case. This issue was addressed by the presidium of the Supreme Court on March 16, 2011 with the decision: investigations on the case have to be resumed in accordance with the European Court’s ruling; the Uchalinsky Court sentence from January 15, 2001, has to be revoked, as well as the Supreme Court of the Republic of Bashkortostan’s ruling from March 15, 2001, also the case has to be revisited by a new lineup of judges.

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