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

ubmitted a number of letters for dispatch to Ms Misakyan at the address of the International Protection Centre. The register of outgoing correspondence contained various entries such as "request for legal assistance", "complaint concerning the proceedings before the European Court", "complaint", "letter - replies to questions from the European Court", "request concerning legal assistance", "request concerning samples of documents", "request concerning translation", and "personal letter".
29. On 14 September 2009 the applicant's representative wrote to the administration of Tomsk prison No. 2 indicating that she was representing the applicant before the Court and that her correspondence with him should be treated as privileged and confidential.
30. On 5 October 2009 the applicant's representative sent a letter to the applicant by registered mail, indicating on the envelope "from advocate Misakyan". This letter was returned to her with a note "not required because of the time-limit since 8 December 2009".
31. In November and December 2009 the applicant submitted for dispatch three letters addressed to Ms Misakyan. The administration of the detention facilities dispatched these letters with notes indicating the number of pages in the correspondence. One of the notes was addressed to the International Protection Centre; the other two notes also indicated that the letters were addressed to "advocate Misakyan".

II. Relevant domestic law and practice

A. Arrest and detention of suspects

32. Article 122 of the RSFSR Code of Criminal Procedure (RSFSR CCrP) allowed the arrest of a suspect (i) at the time of the offence or immediately thereafter; (ii) if eyewitnesses pointed to him as the perpetrator of the crime; or (iii) if the suspect bore or was in possession of evident traces of the crime or if such traces were found on his clothes or at his home. A record of the arrest was to be drawn up with an indication of the legal basis and the reasons for the arrest, its time and place, and a statement by the arrested person. A prosecutor was to be informed within twenty-four hours. After the receipt of the notification the prosecutor had forty-eight hours to authorise the arrested person's placement in custody or to order his release.
33. The arrested or detained suspect should be interviewed immediately or, if this was impossible, within twenty-four hours (Article 124).
34. Article 1069 of the Civil Code provides that damage caused by unlawful actions or inaction on the part of a public authority or a public official should be compensated. Article 1070 § 1 of the Code provided, at the time, that damage caused by unlawful prosecution or unlawful placement in custody should be compensated for in full by the State, irrespective of any fault by public officials. Article 1070 § 2 provides that other damage caused by unlawful activity on the part of the investigative authorities or the prosecutor's office should be compensated for under the rules laid down in Article 1069.

B. Detainees' correspondence

35. Article 23 § 2 of the Russian Constitution protects the confidentiality of correspondence and communications and allows restrictions on them only on the basis of a court order. Article 55 § 3 provides that rights and freedoms may be limited by a federal law in so far as is necessary for protecting the constitutional regime, morals, health, the rights and legitimate interests of others, and for ensuring national defence and security. The Constitutional Court has held that the above limitations could be imposed in relation to the deprivation of liberty of convicted persons and concomitant restrictions (decisions of 16 October 2003 and 17 October 2006).
36. Article 91 of the Code of Execution of Sentences provides that the incoming and outgoing correspondence of

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