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







EUROPEAN COURT OF HUMAN RIGHTS

FIRST SECTION

CASE OF SHCHERBAKOV v. RUSSIA
(Application No. 23939/02)

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 Shcherbakov 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,
Khanlar Hajiyev,
Dean Spielmann,
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. 23939/02) 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 Igor Nikolayevich Shcherbakov ("the applicant"), on 15 May 2002.
2. The Russian Government ("the Government") were represented by Mr P. Laptev and Ms V. Milinchuk, former Representatives of the Russian Federation at the European Court of Human Rights.
3. The applicant alleged that the conditions of his detention in remand prison IZ-71/1 had been appalling, that his detention had been unlawful and too lengthy, that some of his appeals had remained unanswered, that the criminal proceedings had been too long and that the lengthy detention had prevented him from having contact with the family.
4. On 21 October 2005 the President of the First Section decided to communicate 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

I. The circumstances of the case

5. The applicant was born in 1955 and lives in the town of Tula.

A. Criminal proceedings against the applicant

6. On 23 May 1995 the applicant was arrested and detained on suspicion of involvement in a murder. From that date and until the decision of 15 July 2002 to discontinue the proceedings the applicant remained in custody.
7. In July 1996 he was charged with several counts of murder, abduction, bribery, unlawful possession of firearms and participation in a criminal gang.
8. Between July 1996 and July 2002 various trial courts examined the applicant's case on six occasions, but each time they either returned it for an additional investigation or declined to examine it with reference to various reasons relating to jurisdiction.
9. By a decision of 15 July 2002 the Tula Regional Court (Судебная коллегия по уголовным делам Тульского областного суда, "the Regional Court") discontinued the criminal proceedings against the applicant for lack of evidence of his involvement in the imputed crimes. The court ordered the applicant's release and recognised his right to claim damages in connection with a wrongful prosecution.

B. Conditions of the applicant's detention

10. The authorities placed the applicant in remand prison IZ-71/1 (Следственный изолятор ИЗ-71/1, "the remand prison") of the town of Tula on 31 October 1995.
11. Between 28 November 1999 and 12 May 2000 the applicant was held in



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