ng statements made during police questioning without access to a lawyer are used for a conviction (see Salduz v. Turkey [GC], No. 36391/02, § 55, 27 November 2008).
162. Turning to the circumstances of the present case, the Court notes that the applicant did not specify which statements exactly, and in respect to which charges, he had made without the benefit of legal advice at the initial stages of the proceedings. Neither did he allege that any such statements had later served as the basis for his conviction, or otherwise explain how the lack of legal assistance for the first several days after his arrest had compromised the overall fairness of the proceedings (see, by contrast, Salduz, cited above, §§ 56 - 62, and Pishchalnikov v. Russia, No. 7025/04, §§ 72 - 92, 24 September 2009).
163. It follows that this complaint is unsubstantiated and must be rejected as manifestly ill-founded in accordance with Article 35 §§ 3 and 4 of the Convention.
VII. Other alleged violations of the Convention
164. The applicant complained under Article 3 of the Convention that he had been ill-treated in police custody following his arrest, and that the medical assistance in IZ-61/1 of Rostov-on-Don and the conditions of transport between the detention facility and the courthouse had been inadequate. He complained under Article 5 that his arrest on 18 December 1998 had been unlawful. The applicant complained under Article 6 that the domestic court had used allegedly unreliable evidence, failed to obtain the attendance of several witnesses and victims and failed to presume him innocent by holding him in custody merely on the ground of the seriousness of the charges against him. He further complained under the same head that the tribunal which convicted him on 17 May 2004 had been unlawful and that two members of the Supreme Court had on several occasions participated in the review of his pre-trial detention and conviction at second instance and, therefore, could not have been impartial in their decisions. Lastly, the applicant complained under Article 8 that his continuous detention had prevented him from taking care of his elderly father; under Article 1 of Protocol No. 1 that the domestic authorities had failed to look after his property and belongings while he had been in detention and under Article 13 that there had been no effective domestic remedy with regard to the alleged violations.
165. However, having regard to all the material in its possession, and in so far as these complaints fall within its competence, 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.
VIII. Application of Article 41 of the Convention
166. 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
167. The applicant claimed 81,000 euros (EUR) in respect of non-pecuniary damage.
168. The Government submitted that if the Court were to award the applicant compensation for non-pecuniary damage the sum should not exceed EUR 10,000.
169. The Court notes that it has found a combination of serious violations in the present case. The applicant spent over three years in custody, in inhuman and degrading conditions. His detention was not based on sufficient grounds and was excessively long. He was denied the right to an effective review of his continued detention and the right to a trial within a reason
> 1 2 3 ... 21 22 23 24
Zaki.ru законы и право
поиск по сайту
каталог документов
добавить сайт Zaki.ru в избранное
Правовые акты международные
Правовые акты Российской Федерации
