Постановление Европейского суда по правам человека от 13.07.2010 <Дело Лопата (Lopata) против России» [англ.]

's position before the Court. However, they have not furnished any documents, for example, a transcript of the conversation, which could have refuted the applicant's submissions or cast doubt on his description of the course of the conversation (see Popov v. Russia, No. 26853/04, § 249, 13 July 2006).
156. Insofar as they argued that the conversation had been intended to "verify the circumstances prompting the applicant to submit his application" and could be understood to imply thereby that the domestic authorities intended to carry out an additional check on the applicant's allegations of ill-treatment (compare Popov, ibid.), the Court finds it peculiar that there was a one-year break between G.'s visit and the investigative steps taken in connection with the additional inquiry of 2005. In any event, nothing in the related documents allows the Court to link the domestic inquiry to the applicant's questioning by Captain G. In sum, the Court is not persuaded by the Government's arguments and is inclined to accept that the impugned conversation proceeded as described by the applicant.
157. The Court further notes that, according to the applicant, in addition to the meeting with Captain G., on 3 March 2004 he received two further visits by several state officials who questioned him about his application to the Court and the circumstances which had given rise to it, in particular the alleged ill-treatment (see paragraphs 78 - 80 above). The Government did not comment on those submissions or contest their truthfulness. However, they enclosed the applicant's written statement of 3 March 2004 which appears to confirm that on that day the applicant was again questioned about the alleged ill-treatment (see paragraph 74 above). In this respect the Court cannot but regard with suspicion a situation where, after an imprisoned applicant's complaint about pressure allegedly put on him by a prison officer and the Court's communication of that complaint to the Government, the latter submit a statement by the same applicant to the effect that he has now no complaints to make whatsoever.
158. As regards the applicant's submissions that he had to quit his job in the colony after the visits by the State officials, was transferred to premises with worse living conditions and was threatened with criminal prosecution for false statements, the Court observes that, although not contested by the Government, they appear not to be supported by other elements in the case file.
159. Nonetheless, the considerations enunciated in paragraphs 154 - 157 above are sufficient for the Court to conclude that the applicant can be reasonably considered to have felt intimidated following his conversation with Captain G., as well as by his ensuing repeated questioning by State officials, and that he could have experienced a legitimate fear of reprisals in connection with his application to the Court. Accordingly, he was subjected to illicit pressure, which amounted to undue interference with his right of individual petition.
160. The respondent State has therefore failed to comply with its obligations under Article 34 of the Convention.

IV. Application of Article 41 of the Convention

161. Article 41 of the Convention provides:
"If the Court finds that there has been a violation of the Convention or the Protocols thereto, and if the internal law of the High Contracting Party concerned allows only partial reparation to be made, the Court shall, if necessary, afford just satisfaction to the injured party."

A. Damage

162. The applicant claimed 15,000 euros (EUR) in respect of non-pecuniary damage. He further asked the Court to award him justice through a re-trial.
163. The Government submitted that as the applicant's rights had not been violated, his claims should be

> 1 2 3 ... 25 26 27 28