ompletion of the treatment resulting in the applicant's "clinical recovery from infiltrative pulmonary tuberculosis" he remained under medical supervision aimed at prevention of a relapse of the illness. A detailed list of future medical procedures to follow up on the applicant's condition and effectiveness of the treatment was drawn up and seasonal retreatment courses were prescribed. As it appears from the parties' submissions, the administration of the colony where the applicant had been sent from the tuberculosis hospital followed through with the anti-relapse recommendations.
72. To sum up, the Court considers that the Government provided sufficient evidence to enable it to conclude that the applicant received comprehensive, effective and transparent medical assistance in respect of his tuberculosis. Accordingly, there has been no violation of Article 3 of the Convention on account of the alleged failure to provide the applicant with requisite medical care during his imprisonment.
III. Alleged violation of Article 6 of the Convention
73. The applicant complained that while finding him guilty of drug trafficking the domestic courts had relied heavily on statements by the anonymous witness, Mr I., and a prosecution witness, Mr K., whom he had been unable to confront in open court. He relied on Article 6 of the Convention, which, in so far as relevant, reads as follows:
"1. In the determination of... any criminal charge against him, everyone is entitled to a fair... hearing... by [a]... tribunal...
...
3. Everyone charged with a criminal offence has the following minimum rights:
...
(d) to examine or have examined witnesses against him and to obtain the attendance and examination of witnesses on his behalf under the same conditions as witnesses against him;"
A. Submissions by the parties
74. The Government argued that the domestic authorities had taken steps to remedy the alleged violation. In particular, on 15 January 2010 the Presidium of the Primorye Regional Court quashed the applicant's conviction for drug trafficking and pronounced him innocent on that charge in view of the lack of evidence of criminal conduct. As a consequence, the applicant's sentence was decreased to two years and he was released, having served the entire sentence. Moreover, the applicant acquired the right to rehabilitation, enabling him, inter alia, to seek compensation for unlawful conviction and detention.
75. The applicant maintained his complaint.
B. The Court's assessment
Admissibility
76. The Court reiterates that under Article 34 of the Convention it is entitled to receive applications from persons, non-governmental organisations or groups of individuals "claiming to be the victim of a violation" by a High Contracting Party of the rights contained in the Convention and its Protocols. In situations where an alleged violation has already occurred, subsequent events can give rise to a loss of the status of "victim", provided that the national authorities have acknowledged, either expressly or in substance, and then afforded redress for, the breach of the Convention (see, among other authorities, Amuur v. France, 25 June 1996, § 36, Reports of Judgments and Decisions 1996-III).
77. Turning to the facts of the present case, the Court observes that on 15 January 2010 the Presidium of the Primorye Regional Court expressly acknowledged that the Artyom Town Court, which had heard the applicant's criminal case and had issued the judgment of 14 December 2007, and the Primorye Regional Court, which had examined the case on appeal and upheld the conviction of drug trafficking in the judgment of 3 March 2008, had committed a violation of Article 6 § 3 (d) of the Convention, having grounded their f
> 1 2 3 ... 19 20 21
Zaki.ru законы и право
поиск по сайту
каталог документов
добавить сайт Zaki.ru в избранное
Правовые акты международные
Правовые акты Российской Федерации
