GELETEY v. UKRAINE - 23040/07 (Judgment : Article 6+6-3-c - Right to a fair trial : Fourth Section Committee)

Faris Vehabović, President, Carlo Ranzoni, Péter Paczolay, judges, and Andrea Tamietti, Deputy Section Registrar,

. The applicant, who had been granted legal aid, was represented by Mr T.O. Kalmykov, a lawyer practising in Kharkiv. The Ukrainian Government ("the Government") were represented by their Agent, most recently Mr I. Lishchyna, of the Ministry of Justice.

. Later that day, from 8 until 8.30 p.m., the applicant took part in a videotaped reconstruction of the crime in the presence of a forensic expert, an investigator from the local police, two attesting witnesses and the investigator in the case. According to the Government, B. was apparently busy and was not able to participate in the reconstruction. No other lawyer was instructed to assist the applicant during this investigative step. According to the applicant, he repeated his request for S. to be called, but this was not done and he was forced by means of threats to testify.

. On the same day the applicant, in the presence of B., participated in another videotaped reconstruction of the crime in the victim's house. The applicant admitted his guilt and gave further details about the robbery and murder. He reiterated that he had hit M. on the head with the bat and stated that another suspect in the case had helped him to hide the bat afterwards.

. On 26 August 2004 the applicant's mother signed a contract with the lawyer S. concerning her son's legal representation. On the same date S. contacted the prosecutor, who allowed S. to represent the applicant instead of B. The applicant furthermore made a written statement declaring that he was refusing the services of B. and wanted S. to act as his lawyer.