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ROMAN ZAKHAROV v. RUSSIA JUDGMENT
communications have been intercepted. The investigator must draw up an
official report containing a verbatim transcription of those parts of the
recorded communications that are relevant to the criminal case (Article 186
§§ 6 and 7 of the CCrP). On 4 March 2013 Article 186 § 7 was amended
and the requirement of the presence of attesting witnesses was deleted.
62. Recordings and communications-related data that have been
collected are to be attached to the criminal case file. They must be sealed
and stored under conditions excluding any risk of their being listened to or
copied by unauthorised persons (Article 186 § 8 of the CCrP and Article
186.1, added on 1 July 2010).
63. The results of operational-search activities involving a restriction on
the right to respect for correspondence, telephone, postal, telegraph or other
communications may be used as evidence in criminal proceedings only if
they have been obtained pursuant to a court order and if the operationalsearch activities have been carried out in accordance with the law on
criminal procedure (paragraph 14 of Ruling no. 8 of 31 October 1995 by the
Plenary Supreme Court of the Russian Federation).
64. It is prohibited to use in evidence data obtained as a result of
operational-search activities that do not comply with the admissibility-ofevidence requirements of the CCrP (Article 89 of the CCrP). Evidence
obtained in breach of the CCrP shall be inadmissible. Inadmissible evidence
shall have no legal force and cannot be relied on as grounds for criminal
charges or for proving any of the circumstances for which evidence is
required in criminal proceedings. If a court decides to exclude evidence, that
evidence shall have no legal force and cannot be relied on in a judgment or
other judicial decision, or be examined or used during the trial (Articles 75
and 235 of the CCrP).
3. Destruction of collected data
65. The data collected in the course of operational-search activities in
respect of a person whose guilt has not been proved in accordance with the
procedure prescribed by law must be stored for a year and then destroyed,
unless those data are needed in the interests of the authority or of justice.
Audio-recordings and other materials collected as a result of intercepting
telephone or other communications must be stored for six months and then
destroyed if the person has not been charged with a criminal offence. The
judge who authorised the interception must be informed of the scheduled
destruction three months in advance (section 5(7) of the OSAA).
66. If the person has been charged with a criminal offence, at the end of
the criminal proceedings the trial court takes a decision on the further
storage or destruction of the data used in evidence. The destruction must be
recorded in a report to be signed by the head of the investigation authority
and included in the case file (Article 81 § 3 of the CCrP and paragraph 49 of
Order no. 142 of 30 September 2011 of the Investigations Committee).