Постановление Европейского суда по правам человека от 22.12.2009 "Дело "Скоробогатых (Skorobogatykh) против Российской Федерации" [рус., англ.]

ment, they provided copies of judicial decisions taken in response to the complaints and claims lodged by inmates against the remand prisons where they were detained. In particular, they presented a copy of the final judgment of 26 April 1999 whereby Mr P. was awarded RUB 1,000 in non-pecuniary damages for having been detained in overcrowded cells at remand prison No. IZ-35/1 in the Kaliningrad Region. They also submitted a copy of the final judgment of 16 April 2003, whereby Mr Z. was awarded RUB 7,000 in non-pecuniary damages for lack of adequate medical assistance in detention. In the Government's opinion, it had been open to the applicant, during the period of his detention, to bring his grievances to the attention of the administration of the remand prison or a prosecutor. Alternatively, he could have challenged the lawfulness of the alleged failure of the remand prison administration to ensure adequate conditions of his detention. The applicant, however, did not make use of those remedies. Instead, he chose to pursue a different avenue by bringing an action for damages against State authorities after his detention in the remand prison had ended. Domestic courts had thoroughly examined his complaints and had taken lawful and reasoned decisions. Accordingly, there was no violation of the applicant's rights under Article 13 of the Convention.
49. The applicant maintained his complaint. He submitted that his action for damages incurred through detention in appalling conditions had been to no avail. As regards the copies of judicial acts submitted by the Government, he considered them to be an exception rather than a rule. In any event, in his opinion, the compensation awarded to plaintiffs in those cases was so insignificant that it could not have been regarded as adequate redress for the violation of their rights.

2. The Court's assessment

50. The Court points out that Article 13 of the Convention guarantees the availability at national level of a remedy to enforce the substance of Convention rights and freedoms in whatever form they might happen to be secured in the domestic legal order. The effect of Article 13 is thus to require the provision of a domestic remedy to deal with the substance of an "arguable complaint" under the Convention and to grant appropriate relief (see, among many other authorities, {Kudla}, cited above, § 157). The scope of the obligation under Article 13 varies depending on the nature of the applicant's complaint under the Convention. Nevertheless, the remedy required by Article 13 must be effective in practice as well as in law.
51. Turning to the facts of the present case, the Court firstly notes that it has already examined the Government's argument with regard to the action for damages lodged by the applicant in respect of the conditions of his detention in the remand prison, finding that it could not be considered an adequate and effective remedy (see paragraphs 31 and 32 above).
52. As regards the Government's contention that the applicant could have brought his grievances to the attention of the prison's administration or a prosecutor or complain to the court of the alleged failure by the prison administration to comply with applicable laws, the Court reiterates that it has already found a violation of Article 13 in a number of cases against Russia on account of the ineffectiveness of the said remedies (see, for example, Benediktov v. Russia, No. 106/02, § 29, 10 May 2007).
53. Having regard to its case-law on the subject and the materials in its possession, the Court notes that the Government have not put forward any fact or argument capable of persuading it to reach a different conclusion in the present case.
54. Accordingly, there has been a violation of Article 13 of the Convention on account of the lack of an effective remedy under domestic law for the applicant

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