CEDH · CASELAW;COMMUNICATEDCASES;ENG — 12 avril 2013

.s800EAC49 { font-size:12pt } .s523616E0 { margin-top:0pt; margin-bottom:12pt; text-align:center; font-size:14pt } .sBB9EE52A { font-family:Arial } .s3E839E41 { margin-top:12pt; margin-bottom:30pt; text-align:center } .s750DB8D0 { margin-top:30pt; margin-bottom:0pt; text-align:center } .s2D57E2E { font-family:Arial; font-weight:bold; text-decoration:underline; text-transform:uppercase } .s10950C61 { margin-top:0pt; margin-bottom:0pt; text-indent:14.2pt; text-align:justify } .sEC177689 { margin-top:0pt; margin-bottom:36pt; text-indent:14.2pt; text-align:justify } .s967D43C6 { margin-top:36pt; margin-bottom:12pt; text-align:justify; page-break-inside:avoid; page-break-after:avoid; font-size:14pt } .s87F05BA2 { margin-top:12pt; margin-bottom:0pt; text-indent:14.2pt; text-align:justify } .s9296A950 { margin-top:36pt; margin-bottom:12pt; text-align:center; page-break-inside:avoid; page-break-after:avoid } FIRST SECTION Application no. 23797/07 Gennadiy Petrovich BONDARENKO against Russia lodged on 15 January 2007 STATEMENT OF FACTS   The applicant, Mr Gennadiy Petrovich Bondarenko, is a Russian national, who was born in 1960 and lives in Trudovoy. The facts of the case, as submitted by the applicant, may be summarised as follows. On 2 May 2005 the applicant was arrested and subsequently charged with several counts of aggravated robbery. On 19 April 2006 the Proletarskiy District Court in Rostov found the applicant guilty as charged and sentenced him to nine years’ imprisonment. On 7 May 2006 the applicant appealed the sentence to the Rostov Regional Court stating in general terms that the criminal proceedings against him had been unfair, that the first instance court erred in the establishment of the facts of the case and that he would lodge a more detailed appeal at a later stage of the proceedings, after the examination of the trial transcript and the case file. On 26 September 2006 the Rostov Regional Court examined the appeal in the applicant’s absence and upheld the sentence. On an unspecified date in 2006 the applicant was informed thereof. It is unclear whether the applicant’s counsel was present at the appeal. COMPLAINTS The applicant complains under Article 3 of the Convention of ill ‑ treatment by the police during arrest. Under Article 6 § 1 of the Convention he complains of unfairness of the criminal proceedings against him. In particular, he alleges that he did not have adequate time and facilities for the preparation of his defence, that he was not able to question witnesses against him and that he was absent during the examination of his appeal by the Rostov Regional Court. Finally, the applicant invokes Article 13 of the Convention. QUESTION     1.     Was the applicant able to be present at the appeal hearing before the Rostov Regional Court? If not, were the proceedings before the appeal court in the applicant’s case compatible with the requirements of Article 6 § 1 of the Convention?