Alinea 362 Parket bij de Hoge Raad 7 juli 2009

32. Turning to the circumstances of the present case, the Court notes that, in compliance with the domestic law, on 22 November 2000 the Moscow City Legislature validated the general list of 2810 lay assessors assigned to the Nagatinskiy District Court of Moscow (see paragraphs 18 and 22 above). The Court observes that thereafter the President of the District Court had to select from the general list of lay assessors 156 names for each judge (see paragraph 23 above). However, as it follows from the decision of 6 March 2001, the acting President of the Nagatinskiy District Court of Moscow selected only two lay assessors to sit with judge F. with the consequence that on 1 July 2002 the judge F. instead of drawing lots among 156 lay assessors in order to select two of them for sitting on the bench for the hearing of the applicant's case "drew lots" among only two of them. It follows that the procedure provided for by the domestic law for selection of lay assessors and drawing of random lots for their participation in the applicant's case had not been observed.

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