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Case law

ECtHR, Lambin v. Russia

November 2017 - Russia

right to information

The ECtHR found no violation of Article 6(1) and (3)(b) ECHR concerning the allegedly insufficient time and facilities for the preparation of the applicant’s defence.

Mr Lambin was convicted in April 2005 at a public hearing, after having been given 35 minutes to study his case file. His conviction was then upheld on appeal. However, in 2010 the appeal judgment was quashed as Mr Lambin’s defence rights had been breached. A new round of appeal proceedings started and Mr Lambin and his lawyer were given another possibility to study the case file. After studying the case file of about 1,500 pages for five days, they submitted appeal statements referring extensively to all the main items of evidence, including expert opinions and witness testimony. The Supreme Court of Russia upheld the judgment of April 2005. The Court held that the applicant had already had the possibility to study the case file during the proceedings in 2005. Then, after the re-opening of the case in 2010, the applicant and his lawyer were given another possibility to study the case file.

In the appeal statements filed in 2010 the applicant analysed the case material in detail, referred extensively to all the main items of evidence, including expert opinions and witness testimony, and referred to exact pages in the case file. Therefore, the ECtHR found that the time allocated to the defence for studying the case file had not affected the essence of the right guaranteed by Article 6(1) and (3) (b).

You can read the full judgment here.

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