Постановление Европейского суда по правам человека от 04.11.2010 «Дело Муминов (Muminov) против России» [англ.]

8320/04, § 145, 19 June 2008). They also noted that questions relating to the execution of the sentence imposed on the applicant following his conviction in Uzbekistan were within the exclusive competence of the Uzbek authorities.
11. The applicant's representative submitted that the Government had omitted to comment on the consequences to be drawn, in terms of just satisfaction, from the irreversible effect produced by the violation by the respondent Government of their obligation under Article 3 of the Convention in respect of the applicant in the present case. Despite the fact that the applicant's representative had previously suggested a number of non-monetary measures to be taken, the respondent Government had made no attempt to show that any such measures had been or could have been effectively taken to attenuate the effect of the violation found by the Court. Thus, inferences should be drawn from the Government's attitude. Lastly, the Government had failed to provide any examples of comparable awards made in other cases.

2. The Court's assessment

12. The Court reiterates at the outset that the applicant's representative had previously requested a number of non-monetary measures to be taken by the respondent State in order to remedy the violations of the Convention rights and freedoms in respect of the applicant. In particular, she invited the Court "to recognise the detriment to the applicant's "life plan"... caused by his unlawful removal from Russia in violation of the Convention". She further asked that the respondent Government be required to undertake, via their diplomatic contacts in Uzbekistan, measures aimed at re-establishing contact with the applicant and his relatives, commuting his sentence by way of amnesty or pardon, securing his eventual release and facilitating his departure for a country that was ready to accept him (see § 140 of the principal judgment).
13. The Court examined the above requests in the context of Article 46 of the Convention (ibid., § 144). Having regard to the circumstances of the present case, the Court did not find it appropriate to indicate, under this provision, measures to be adopted in order to redress the violations found (§ 145).
14. It is further reiterated that the Court's decision to reserve the examination of the question concerning just satisfaction was, inter alia, due to the fact that the applicant was held to be no longer within the jurisdiction of the respondent State and that after his removal to Uzbekistan he had been convicted and sent to serve a prison sentence in an unspecified detention facility in that country. All contact between him and his representative before the Court or between him and the Court had been interrupted. In fact, the Court had no means of renewing contact with the applicant. Nor was there any prospect of making any other arrangements which would allow execution of any just satisfaction award made by the Court.
15. Indeed, since the applicant was and remains within the jurisdiction of another State, which is not a High Contracting Party to the Convention, the execution of a just satisfaction award may prove difficult in the circumstances of the case (see also paragraph 6 above).
16. Moreover, although it judged insufficient the factual basis for finding a violation of Article 34 of the Convention in respect of the State's obligation concerning the application of Rule 39 of the Rules of Court, the Court found that the applicant's expulsion to Uzbekistan gave rise to violations of Articles 3 and 13 of the Convention. The Court also stated in this connection that the absence of any reliable information as to the applicant's situation after his expulsion to Uzbekistan, except for the fact of his conviction, remained a matter of grave concern for the Court (§ 98 of the principal judgment).
17. In th

> 1 2 3 4