LASHIN v. RUSSIA - 33117/02 - HEJUD

This judgment will become final in the circumstances set out in Article 44 � 2 of the Convention. It may be subject to editorial revision.

��������� Isabelle Berro-Lef�vre, President, ��������� Elisabeth Steiner, ��������� Nina Vajić, ��������� Anatoly Kovler, ��������� Khanlar Hajiyev, ��������� Linos-Alexandre Sicilianos, ��������� Erik M�se, judges, and S�ren Nielsen, Section Registrar ,

�... [the applicant�s] mental condition prevented him from taking part in the hearing, and, moreover, [his] presence would be prejudicial to his health�.

The court further refused to commission a new expert examination by a non-State psychiatric association, on the ground that only State-run institutions were allowed by law to conduct such examinations and issue reports. The relevant part of the District Court judgment reads as follows:

�... under section 1 of the Psychiatric Care Act ... State forensic examination activity in judicial proceedings is carried out by State forensic examination institutions, and consists of organising and implementing the forensic examination�.