Постановление Европейского суда по правам человека от 28.10.2010 «Дело Борис Попов (Boris Popov) против России» [англ.]

been shown that the applicant complied with the six-month rule. Thus, the Court considers that this part of the application has been lodged out of time and must be rejected in accordance with Article 35 §§ 1 and 4 of the Convention.
94. As to the letters from the Court, it is noted that the complaint concerns three letters and was lodged with the Court on 29 July 2009 (see paragraph 24 above). However, the applicant had become aware of the most recent of the alleged interferences no later than on 11 February 2008 (see paragraph 22 above). Moreover, there is not a sufficient factual basis for considering that any subsequent letters were inspected. It follows that this part of the application has also been lodged out of time and must be rejected in accordance with Article 35 §§ 1 and 4 of the Convention.
95. As to the correspondence between the applicant and Ms Misakyan, the Court observes, by contrast, that the alleged inspection of the correspondence has taken place over a period lasting since 2008 and that at least three letters were inspected until in mid-2009 (see paragraphs 27 and 28 above). The Court thus accepts that the applicant has complied with the six-month rule.
96. The Court concludes therefore that the complaint concerning the inspection of the correspondence between the applicant and Ms Misakyan is not manifestly ill-founded within the meaning of Article 35 § 3 of the Convention. No other ground for declaring it inadmissible has been established.

2. Merits

97. The Court observes, and it is not in dispute between the parties, that Ms Misakyan's letters to the applicant were inspected after their receipt and that the applicant's letters to her were inspected before their dispatch. In the Court's view, the inspection amounted to an "interference" under Article 8 of the Convention.
98. Such an interference will contravene Article 8 unless it is "in accordance with the law", pursues one or more of the legitimate aims referred to in paragraph 2 and is "necessary in a democratic society" in order to achieve them (see, among other authorities, Silver and Others v. the United Kingdom, 25 March 1983, § 84, Series A No. 61, and Savenkovas v. Lithuania, No. 871/02, § 95, 18 November 2008).
99. The Government argued that the prison authorities had not been made aware that Ms Misakyan was representing the applicant before the Court. She should have produced proof of her "advocate" status or, at least, submitted an order from a law firm designating her or an authority form, which was also required in proceedings before the Court. Thus, the interference was in accordance with Article 91 of the Code of Execution of Sentences (CES) and the Internal Prison Regulations, authorising the inspection of the incoming and outgoing correspondence of a convicted prisoner (see paragraph 36 above). The applicant contended that the matter fell within the scope of the exception to the above rule, concerning a convicted person's correspondence with his "defence counsel or another person providing legal advice on a lawful basis". The applicant submitted that it followed from the contents of Ms Misakyan's letters in 2008 and 2009 that she was acting as his representative in contentious proceedings before the Court. Later on, after the prison administration had been made aware of her advocate status and that she represented the applicant, the inspection of correspondence was continued (see paragraphs 29 - 31 above).
100. The Court observes that Article 91 of the CES made a distinction between ordinary, privileged mail of a convicted prisoner and his correspondence with a person providing legal assistance (see, by comparison, Moiseyev v. Russia, No. 62936/00, § 266, 9 October 2008, concerning censorship of detainees' correspondence under the Custody Act). However, it does not transpire from the available material that

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