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





on a non-working day. The domestic rules of civil procedure referred to by the Government govern only the computation of time-limits expressed in days, months and years and are obviously not applicable to the procedure for applying for judicial authorisation for committing a person to a psychiatric facility, where the time-limits are established in hours.
37. The Court does not consider it relevant that, as the Government pointed out, 15 and 16 June 2002 were non-working days and consideration of the applicant's case could not proceed until the beginning of the ensuing working week. Where the issue of a person's liberty is at stake, the States must ensure that their courts remain accessible, even during a vacation period or a weekend, to ensure that urgent matters are dealt with speedily and in full compliance with a procedure prescribed by law. However, no such provisions appear to have been made in the circumstances of the present case.
38. The foregoing considerations are sufficient to enable the Court to conclude that the domestic authorities did not comply with the procedure prescribed by domestic law when applying for judicial authorisation for the applicant's committal to a psychiatric hospital. There has accordingly been a violation of Article 5 § 1 of the Convention.
39. In view of the above finding, the Court does not consider it necessary to examine separately the question of whether the applicant had been reliably shown to have been suffering from a mental disorder of a kind or degree warranting his compulsory confinement which persisted during his detention between 14 and 27 June 2002 (see Storck v. Germany, No. 61603/00, § 113, ECHR 2005-V).

II. Other alleged violations of the Convention

40. The applicant alleged that he had not been provided with an opportunity to appeal against the decision of 31 May 2002, in contravention of Articles 3, 5 and 6 of the Convention. He further complained under Article 8 of the Convention that Dr. N's visit to his flat on 5 June 2002 had been an interference with his right to respect for his private life and that, on the basis of her decision of 5 June 2002 to admit him to hospital, he had been arrested and taken to a police station. He complained under Article 1 of Protocol No. 1 that his involuntary placement in a psychiatric hospital might warrant the restriction of his legal capacity, in which case he would be unable to sell or buy property. Lastly, without providing further detail, the applicant alleged a violation of his rights provided for in Articles 2, 4, 7 to 10, 13, 17, and 18 of the Convention.
41. However, having regard to all the material in its possession, the Court finds that there is no appearance of a violation of the rights and freedoms set out in the Convention or its Protocols. It follows that this part of the application must be rejected as being manifestly ill-founded, pursuant to Article 35 §§ 3 and 4 of the Convention.

III. Application of Article 41 of the Convention

42. 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. Damage

43. The applicant claimed 350,000 euros (EUR) and 1/13 cents in respect of pecuniary and non-pecuniary damage.
44. The Government submitted that the applicant's allegations should not give rise to an award of any compensation for pecuniary or non-pecuniary damage. In any event, they noted that the applicant had failed to justify or substantiate the amount claimed.
45. The Court does not discern any causal link between the violation found and the p



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