Главная страницаZaki.ru законы и право Поиск законов поиск по сайту Каталог документов каталог документов Добавить в избранное добавить сайт Zaki.ru в избранное




Постановление Европейского суда по правам человека от 22.04.2010 «Дело Хатуева (Khatuyeva) против России» [англ.]





the Convention. The Court finds that in the circumstances of the present case the above issues should be examined under Article 34 of the Convention, which provides as follows:
"The Court may receive applications from any person, non-governmental organisation or group of individuals claiming to be the victim of a violation by one of the High Contracting Parties of the rights set forth in the Convention or the Protocols thereto. The High Contracting Parties undertake not to hinder in any way the effective exercise of this right."

A. Threats to the applicant

103. The Court reiterates that it is of the utmost importance for the effective operation of the system of individual application instituted by Article 34 that applicants should be able to communicate freely with the Court without being subjected to any form of pressure from the authorities to withdraw or modify their complaints. In this context, "pressure" includes not only direct coercion and flagrant acts of intimidation, but also other improper indirect acts or contacts designed to dissuade or discourage applicants from using a Convention remedy. The issue of whether or not contacts between the authorities and an applicant amount to unacceptable practices from the standpoint of Article 34 must be determined in the light of the particular circumstances of the case. In the context of the questioning of applicants about their applications under the Convention by authorities exercising a domestic investigative function, this will depend on whether the procedures adopted have involved a form of illicit and unacceptable pressure which may be regarded as hindering the exercise of the right of individual application (see, for example, {Aydin} v. Turkey, 25 September 1997, §§ 115 - 117, Reports of Judgments and Decisions 1997-VI, and Salman v. Turkey [GC], No. 21986/93, § 130, ECHR 2000-VII).
104. Turning to the present case, the Court notes that the applicant has not submitted any details about the alleged pressure put on her by State representatives in relation to her complaint. She failed to indicate the dates and circumstances of such incidents or to specify who had been threatening her. Her statements are extremely vague and unspecific. While the Court sympathises with the applicant, who had been subjected to prolonged stress on account of her husband's disappearance and exasperated by the authorities' failure to provide an adequate response to her grievances, on the basis of her allegations it is unable to come to the conclusion that there has been a breach of Article 34 in the present case.

B. The failure to disclose documents from the criminal
investigation file

105. The Court points out that it has already taken note of the Government's failure to produce a copy of the investigation file and drawn inferences from it. In view of the main objective of Article 34 of the Convention, which is to ensure the effective operation of the right of individual petition, the Court does not find that its provisions have been breached in the present case.

IX. Application of Article 41 of the Convention

106. 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. Pecuniary damage

107. The applicant claimed compensation for pecuniary damage sustained as a result of her husband's disappearance. On behalf of herself and her two sons, born in 1988 and 1990, the applicant alleged that Mr Khatuyev had been the family's sole breadwinner. He worked as a day labourer on construction sites, and even though



> 1 2 3 ... 13 14 15 16

Поделиться:

Опубликовать в своем блоге livejournal.com
0.1556 СЃ