Yury Shutov - Complaints To ECHR

Complaints To ECHR

On September, 14 2010, an application No. 20922/08 has been communicated to the European Court of Human Rights (EHCR). Mr. Shutov alleges that sentencing him to lifetime imprisonment while he was not present in the courtroom amounts to inhuman treatment. He complains of "unlawful composition of the court in view of the lack of the lay judges' credentials and lack of grounds for their participation in the proceedings after abolition of the institution of lay judges in Russia; of lack of public hearing in view of the court proceedings in a remand prison". Mr. Shutov draws attention upon "unfair trial on account of their removal from the courtroom for the entire duration or part of the proceedings". He alleges that his absence from the courtroom was not remedied by the presence of his legal counsel as the court ignored or dismissed his requests, "pressured the counsel by applying for withdrawal of their license, stripped them of all electronic devices crucial for their work and effectively eliminated the possibility to consult with their clients by holding almost daily hearings". He complains under the same provision that the "trial court was biased, ignored his requests, and that the appeal court failed to duly consider his appeals".

Mr. Shutov complaints that "following his removal from the courtroom he was not aware of the charges against him, could not prepare his defence and could not examine the witnesses"; that "he could not defend himself in person because he was not present either at the trial or at the appeal hearing and that the court did not allow him to retain different legal counsels following termination of his contract with the previous ones". He also complains under Article 18 of ECHR that the real reason for his arrest was political persecution.