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Inaccessible justice

27 November 2014

The appeal of the Commissioner to the Supreme Court Chairman was based on the complaint of Mr M., who during more than a year had been trying to submit a cassation appeal to judicial body against the court decision on Mr K. The actions of Mr K. had been reclassified from Article 111 (deliberate infliction of grievous bodily harm) to Article 112 (intentional infliction of injury of average gravity) of the Criminal Code of the Russian Federation, that resulted in extremely soft punishment for Mr K.

Moscow Regional Court dismissed Mr M's cassation appeal three times referring to the fact that the deputy prosecutor of the region had already submitted the cassational representation, and no repeated appeals or representations were allowed.

The Supreme Court, in its turn, twice dismissed the cassation appeals of Mr M. with reference to the fact that he had not appealed the sentence to the lower cassation body in person.

While Mr M. had been walking around in circles searching for the truth, the term of cassation appeal had expired.

After the Commissioner stepped in, the Supreme Court changed its position and expressed readiness to accept the cassation appeal. 

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