CEDH · PRESS;FORTHCOMINGJUDGMENTS;ENG — 5 février 2009

.s800EAC49 { font-size:12pt } .sFE10DC93 { margin-top:0pt; margin-bottom:0pt; text-align:center } .s29100277 { font-family:Arial; font-weight:bold } .s40F41F73 { margin-top:0pt; margin-bottom:0pt; text-align:right } .s32563E28 { margin-top:0pt; margin-bottom:0pt } .sBB9EE52A { font-family:Arial } .s4DDA3AA3 { font-family:Arial; font-weight:bold; font-style:italic } .s7ED160F0 { text-decoration:none } .s3DC36BA9 { font-family:Arial; text-decoration:underline; color:#0069d6 } .sCB9E0544 { margin-top:0pt; margin-bottom:0pt; text-align:left } .s653E6C45 { font-family:Arial; font-size:6.67pt; vertical-align:super; color:#0069d6 } .sA36B60A1 { font-family:Arial; font-style:italic } .sC7EAD8B { font-family:Arial; font-weight:bold; text-decoration:underline } .sF6A12959 { width:33%; height:1px; text-align:left } .s2EB42ED2 { margin-top:0pt; margin-bottom:0pt; font-size:10pt } EUROPEAN COURT OF HUMAN RIGHTS   87 5.2.2009   Press release issued by the Registrar   FORTHCOMING GRAND CHAMBER JUDGMENT   10 February 2009   The European Court of Human Rights will deliver its Grand Chamber judgment in the case of Sergey Zolotukhin v. Russia (application no.14939/03) in a public hearing on Tuesday 10 February 2009 at 10 a.m. (local time) in the Human Rights Building, Strasbourg.   The press release and the text of the judgment will be available after the hearing on the Court’s Internet site ( http://www.echr.coe.int ).     Sergey Zolotukhin v. Russia Sergey Aleksandrovich Zolotukhin is a Russian national, who was born in 1966 and lives in Voronezh (Russia).   The case concerns administrative and criminal proceedings brought against Mr Zolotukhin in 2002 for disorderly conduct.   On 4 January 2002 Mr Zolotukhin was arrested for bringing his girlfriend into a military compound without authorisation. He was then taken to the Voronezh Leninskiy District Police Station. According to a police report, the applicant, who was drunk, behaved insolently, used obscene language and attempted to escape. On the same day Gribanovskiy District Court found the applicant guilty of “minor disorderly acts” under Article 158 of the Code of Administrative Offences and sentenced him to three days’ detention.   Subsequently, criminal proceedings were brought against the applicant, under Article   213   §   2   (b) of the Criminal Code, concerning his disorderly conduct before the police report was drawn up and, under Articles 318 and 319 of the Criminal Code, concerning his threatening and insulting behaviour during and after the drafting of that report. He was taken into custody on 24 January 2002. On 2 December 2002 the same district court found the applicant guilty of the charges under Article 319 of the Criminal Code. He was, however, acquitted of the charges under Article 213 as the court found that his guilt had not been proven to the standard required in criminal proceedings. The applicant was sentenced to five years and six months’ imprisonment in a correctional colony and ordered to follow treatment for alcoholism.   Relying on Article   4 of Protocol No.   7 (right not to be tried or punished twice) of the European Convention on Human Rights, Mr   Zolotukhin complains that, after having already served three days’ detention for disorderly conduct as a result of administrative proceedings against him, he was detained and tried again for the same offence in criminal proceedings.   The application was lodged with the European Court of Human Rights on 22 April 2003 and declared partly admissible on 8 September 2005.   In its Chamber judgment of 7   June 2007, the Court held unanimously that there had been a violation of Article   4 of Protocol No.   7.   On 5 September 2007 the Government requested that the case be referred to the Grand Chamber under Article   43 [1] (referral to the Grand Chamber) and on 12 November 2007 the panel of the Grand Chamber accepted that request.   On 31 January 2008, the President of the Court gave the Institute de Formation en Droits de l’Homme du Barreau de Paris leave to intervene as a third party in the Court’s proceedings under Article 36 § 2 of the Convention (third party intervention) and Rule 44 § 2 of the Rules of Court.     ***   Press contacts Stefano Piedimonte (telephone : 00 33 (0)3 90 21 42 04) Tracey Turner-Tretz (telephone : 00 33 (0)3 88 41 35 30) Paramy Chanthalangsy (telephone : 00 33 (0)3 88 41 28 30) Kristina Pencheva-Malinowski (telephone : 00 33 (0)3 88 41 35 70) Céline Menu-Lange (telephone : 00 33 (0)3 90 21 58 77)   The European Court of Human Rights was set up in Strasbourg by the Council of Europe Member States in 1959 to deal with alleged violations of the 1950 European Convention on Human Rights. [1] Under Article 43 of the European Convention on Human Rights, within three months from the date of a Chamber judgment, any party to the case may, in exceptional cases, request that the case be referred to the 17 ‑ member Grand Chamber of the Court. In that event, a panel of five judges considers whether the case raises a serious question affecting the interpretation or application of the Convention or its protocols, or a serious issue of general importance, in which case the Grand Chamber will deliver a final judgment. If no such question or issue arises, the panel will reject the request, at which point the judgment becomes final. Otherwise Chamber judgments become final on the expiry of the three-month period or earlier if the parties declare that they do not intend to make a request to refer.