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Постановление Европейского суда по правам человека от 17.06.2010 «Дело Губин (Gubin) против России» [англ.]



EUROPEAN COURT OF HUMAN RIGHTS

FIRST SECTION

CASE OF GUBIN v. RUSSIA
(Application No. 8217/04)

JUDGMENT <*>

(Strasbourg, 17.VI.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 Gubin 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,
Dean Spielmann,
Sverre Erik Jebens,
Giorgio Malinverni,
George Nicolaou, judges,
and {Soren} Nielsen, Section Registrar,
Having deliberated in private on 27 May 2010,
Delivers the following judgment, which was adopted on that date:

PROCEDURE

1. The case originated in an application (No. 8217/04) 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 Aleksey Andreyevich Gubin ("the applicant"), on 19 January 2004.
2. The applicant, who was granted legal aid, was represented by Ms Y. Yefremova, a lawyer practising in Moscow. The Russian Government ("the Government") were initially represented by Ms V. Milinchuk, former Representative of the Russian Federation at the European Court of Human Rights, and Mr A. Savenkov, First Deputy Minister of Justice of the Russian Federation, and subsequently by Mr G. Matyushkin, Representative of the Russian Federation at the European Court of Human Rights.
3. The applicant claimed, in particular, that he had been detained in inhuman and degrading conditions in remand prison No. 77/1 in Moscow and that he and his counsel had not been present at the appeal hearing on the extension of his pre-trial detention on 3 November 2003. The Court also considered it appropriate to raise of its own motion the issue of Russia's compliance with the requirements of Article 13 of the Convention as regards the availability of an effective remedy in respect of the applicant's complaint about conditions of his pre-trial detention in remand prison No. 77/1 in Moscow.
4. On 26 May 2008 the President of the First Section decided to give notice of the application to the Government. It was also decided to examine the merits of the application at the same time as its admissibility (Article 29 § 3).

THE FACTS

The circumstances of the case

5. The applicant was born in 1981 and lives in Moscow.

A. The applicant's arrest and pre-trial detention

6. On 12 August 2003 a Ms T. lodged a complaint with the Kuzminskiy District Prosecutor's Office of Moscow alleging that she had been kidnapped and raped by a group of men.
7. On 13 August 2003 the applicant was arrested on suspicion of kidnapping and rape.
8. On 14 August 2003 the District Court authorised the applicant's detention pending trial. The applicant was represented by counsel of his own choosing.
9. According to the applicant, he could not appeal against the decision of 14 August 2003 since he was not provided with stationery by the administration of the temporary detention facility where he was being held at the time.
10. On 8 October 2003 the Kuzminskiy District Court of Moscow extended the applicant's pre-trial detention until 12 December 2003. The applicant attend



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