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



(Application No. 9807/02)


(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 Ovchinnikov 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,
Sverre Erik Jebens,
Giorgio Malinverni, judges,
and {Soren} Nielsen, Section Registrar,
Having deliberated in private on 27 May 2010,
Delivers the following judgment, which was adopted on that date:


1. The case originated in an application (No. 9807/02) 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 Alekseyevich Ovchinnikov ("the applicant"), on 1 February 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 he had been ill-treated, that the conditions of his detention on remand had been appalling, that his pre-trial detention had been unlawful and arbitrary, that the criminal proceedings against him had been unfair, that the authorities had allegedly tapped his telephone between January and December 1999 and that the courts had failed to protect his personal property pending the proceedings and had eventually confiscated it.
4. On 4 January 2006 the President of the First Section decided to communicate the complaint concerning the conditions of the applicant's detention to the Government. It was also decided to examine the merits of the application at the same time as its admissibility (Article 29 § 3).


I. The circumstances of the case

5. The applicant was born in 1967 and at present resides in the city of St. Petersburg.

A. The applicant's arrest and conviction

6. On 25 December 1999 the applicant, the then deputy mayor of the town of Magadan, took a bribe from a third person and was caught in the act by officials of the Federal Security Service (Федеральная служба безопасности).
7. The applicant alleged that between January and December 1999 his telephone had been tapped by the authorities. The case file contains no evidence which could confirm the allegation. It does not appear that the applicant raised these grievances before any domestic authority.
8. On the following day an investigator of the Magadan Regional Prosecutor's office initiated criminal proceedings for bribery and arrested the applicant as a suspect.
9. By a decision of 30 December 1999 the investigator brought charges of bribery against the applicant.
10. On 3 April 2001 the Magadan Regional Court convicted the applicant of bribery and sentenced him to eight years of imprisonment and confiscation of his property.
11. By a decision of 28 November 2001 the Supreme Court upheld the judgment on appeal. It does not appear that the applicant complained about the confiscation of his property ordered by the Regional Court.

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