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Постановление Европейского суда по правам человека от 08.07.2010 <Дело Александр Матвеев (Aleksandr Matveyev) против России» [англ.]



EUROPEAN COURT OF HUMAN RIGHTS

FIRST SECTION

CASE OF ALEKSANDR MATVEYEV v. RUSSIA
(Application No. 14797/02)

JUDGMENT <*>

(Strasbourg, 8.VII.2010)

--------------------------------
<*> This judgment will become final in the circumstances set out in Article 44 § 2 of the Convention. It may be subject to editorial revision.

In the case of Aleksandr Matveyev v. Russia,
The European Court of Human Rights (First Section), sitting as a Chamber composed of:
Christos Rozakis, President,
Nina {Vajic} <*>,
--------------------------------
<*> Здесь и далее по тексту слова на национальном языке набраны латинским шрифтом и выделены фигурными скобками.

Anatoly Kovler,
Elisabeth Steiner,
Khanlar Hajiyev,
Dean Spielmann,
Sverre Erik Jebens, judges,
and {Soren} Nielsen, Section Registrar,
Having deliberated in private on 17 June 2010,
Delivers the following judgment, which was adopted on that date:

PROCEDURE

1. The case originated in an application (No. 14797/02) against the Russian Federation lodged with the Court under Article 34 of the Convention for the Protection of Human Rights and Fundamental Freedoms ("the Convention") by a Russian national, Mr Aleksandr Vladimirovich Matveyev ("the applicant"), on 27 February 2002.
2. The Russian Government ("the Government") were represented by Mr P. Laptev, former Representative of the Russian Federation at the European Court of Human Rights.
3. The applicant alleged that he had been ill-treated after his arrest, that the conditions of his detention on remand had been appalling and that the criminal proceedings against him had been unfair. By letter of 2 December 2003 the applicant also complained that placing him in the disciplinary cells of OYa-22/7 had restricted his rights.
4. On 13 October 2005 the President of the Third Section decided to communicate the complaints about the conditions of the applicant's detention on remand to the Government. It was also decided to examine the merits of the application at the same time as its admissibility (Article 29 § 1). The case was subsequently transferred to First Section for examination.

THE FACTS

I. The circumstances of the case

5. The applicant was born in 1974 and lives in the town of Pestovo in the Novgorod Region.

A. The applicant's arrest

1. The applicant's arrest, as reflected
in the case file records

6. On the evening of 14 April 2000 the applicant was arrested on suspicion of having committed murder and remanded in custody in detention facility IVS of police station No. 36 in the Vyborgskiy District of St Petersburg (ИВС при 36 отделении милиции Выборгского района г. Санкт-Петербурга).
7. The arrest report drawn up on 15 April 2000 at 1 p.m. contains the typed description of the applicant's procedural rights, in particular "the right to be represented by a lawyer from the moment of drawing up of the arrest report" and "the right not to incriminate oneself". It was signed by the applicant and also includes the applicant's statement that he "wishes to give evidence in the presence of counsel G.". Lastly, the report contains the following hand-written statement, also signed by the applicant:
"I did commit, together with V., the murder of P. on 5 April 2000."
8. A record of the applicant's questioning on 15 April 2000, signed by the applicant and counsel G., according to which the applicant was questioned from 1.15 to 4 p.m. in the presence of counsel G., contains a detailed descrip



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