KRAVTSOV v. RUSSIA (European Court of Human Rights)

Last Updated on April 24, 2019 by LawEuro

Communicated on 14 January 2019

THIRD SECTION

Application no.47050/16
Gennadiy NikolayevichKRAVTSOV
against Russia
lodged on 3 August 2016

SUBJECT MATTER OF THE CASE

The application concerns the alleged unfairness of the criminal proceedings against the applicant, a retired military intelligence officer, who was found guilty of treason and sentenced to 6 years’ imprisonment. The applicant alleges that the national courts (1) failed to disclose to him confidential legislation on which they relied when finding him guilty and (2) refused to provide him with an opportunity to question forensic experts who concluded that his letter addressed to the Swedish intelligence service contained classified information.

QUESTION tO THE PARTIES

Were the criminal proceedings against the applicant compatible with the requirements set forth in Article 6 §§ 1 and 3 (b) and (d) of the Convention? In particular,

(a)  On which legal acts was the forensic expert examination as to the classified nature of the transmitted information grounded? Were these acts published and/or publicly available? If they were, the Government are requested to specify their numbers, dates and titles, as well as dates and place of publication. If they were not, were they accessible and was their application foreseeable to the applicant?

(b)  Was the applicant able to examine forensic expert witnesses against him?

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