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

D. Restrictions concerning the applicant's correspondence

1. Correspondence between the applicant and the Court

22. By a letter of 7 September 2007 the Court informed the applicant that the present application had been communicated to the respondent Government. This letter was received at Rubtsovsk remand centre No. 22/4 on 29 October 2007 and was handed over to the applicant on an unspecified date. By a letter of 28 November 2007 the applicant was invited to submit before 30 January 2008 his comments on the Government's observations. This letter was received at the detention facility on 18 December 2007 and was handed over to him on or around 28 January 2008. By a letter of 8 January 2008 the applicant was provided with a copy of the English translation of the Government's observations. This letter was received at the detention facility on 17 January 2008 and was handed over to the applicant on 11 February 2008. The delays were due to the applicant's transfers between several detention facilities. All three letters were monitored and stamped by the prison staff.
23. It appears that on 20 May 2008 the detention facility dispatched a letter from the applicant to the Court. However, the letter was returned to the detention facility by the Russian Postal Service with a requirement to add stamp value and remove sellotape from the envelope. In October 2008 the Tayga Town Court of the Kemerovo Region held that the refusal to dispatch the letter for lack of funds was unlawful.
24. On 29 July, 28 August and 11 September 2009 the applicant's representative brought a number of complaints before the Court in relation to various restrictions concerning the correspondence between the applicant and the Court, as well as between the applicant and his representative before the Court (see below).
25. As can be seen from a certificate issued by the administration of colony No. 2 in the Tomsk Region, submitted by the Government, between August 2007 and September 2009 the applicant submitted a number of letters for dispatch to the Court. The register of outgoing correspondence contained various entries such as "complaint", "petition", "additional complaint", "request concerning the course of proceedings", "request concerning receipt of the previous letter", "request concerning the list of previously submitted documents", "complaint concerning a violation of his rights". It appears that the entries for the letters submitted for dispatch in 2009 were marked as "sealed envelope" without any further indication of the contents.

2. Correspondence between the applicant
and his representative before the Court

26. On 29 January 2008 the International Protection Centre, a non-governmental organisation in Moscow, received a letter from the applicant enclosing an authority form for Ms Misakyan to represent him in the proceedings before the Court.
27. On 2 and 11 September, 16 October and 11 December 2008 and 12 March 2009 the applicant sent letters to Ms Misakyan at the address of the International Protection Centre. The letters were accompanied by covering notes by the facility administration, summarising their contents. On 6 June 2009 Ms Misakyan sent a letter to the applicant, who was then being held in prison hospital No. 1 in the Tomsk Region. The letter was monitored and stamped by the facility administration on 15 June 2009; the stamp was placed directly above the text of the letter. In the meantime, on 8 June 2009 the International Protection Centre had received a letter from the applicant, the envelope of which carries a stamp indicating that the letter had been inspected by a correspondence officer.
28. As can be seen from a certificate issued by the administration of colony No. 2 in the Tomsk Region, produced by the Government, in 2008 and 2009 the applicant s

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