Bykov v. Russia

Hasan SINAR


In September 2000 Mr. Bykov was charged with conspiracy to commit murder and conspiracy to acquire, possess and handle firearms. He applied European Court of Human Rights on 21 December 2001 claiming that Article 5 § 3, Article 6 § 1 and Article 8 were violated. The court decided that there had been a violation of Article 5 § 3 and 8 of the Convention.

Liberty and Security, Fair Trial, Privacy.

In September 2000 Mr. Bykov allegedly ordered V. to kill Mr. S., a former business associate. V. did not comply with the order, but on 18 September 2000 he reported the applicant to the Federal Security Service (“the FSB”).

The FSB and the police decided to conduct a covert operation to obtain evidence of the applicant’s intention to murder S. On 29 September 2000 the police officially announced in the media the discovery of two dead bodies at S.’s home: one of those killed had been identified as S.

On 3 October 2000 V. went to see the applicant at his home. He carried a hidden radio-transmitting device while a police officer outside received and recorded the transmission. Following the instructions he had been given, V. engaged the applicant in conversation, telling him that he had carried out the murder. As proof he handed the applicant several objects borrowed from S.. The police obtained a 16-minute recording of the conversation between V. and the applicant.