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Постановление Европейского суда по правам человека от 13.07.2010 <Дело Лопата (Lopata) против России» [англ.]





ourt gave notice of the application to the respondent Government.

1. Letter from the applicant's brother

71. On 18 January 2004 the Court received a faxed letter from the applicant's brother (who had initially represented the applicant before the Court) in which he indicated that the applicant had been intimidated and forced to withdraw his application. In a letter of 21 January 2004 the applicant's brother provided further details. His description ran as follows:
"...I have to inform you about a conversation between [my brother] and a Captain of the Department who did not show his documents and did not identify himself. It took place on 6 January 2004. The Captain first asked [my brother] and then ordered [him] to describe in writing the events of 2000. He said: "You must write it in the way I want you to". [My brother] answered: "I won't write or sign anything without a lawyer". Captain: "I don't care about you or your lawyer; it will be as I say. You are pawns. I will arrange it so that you die here in two weeks but you will give me the statement I want".
We are very concerned about one issue. Why did the representatives [to the European Court] not come from Moscow themselves, and why did a Captain show up and ask [the applicant] to write [an explanation]?"
72. On 13 February 2004 the Court requested comments from the respondent Government.
73. On 5 April 2004 the Government informed the Court that on 6 January 2004 Captain G., an employee of the Federal Service for Execution of Sentences in the Bashkortostan Republic ("the regional department of the FSES"), had had a "conversation" with the applicant "in order to clarify the circumstances that had given rise to his application to the European Court". Without providing any further details, the Government enclosed a copy of applicant's written explanation of 3 March 2004, addressed to the head of the regional department of the FSES.

2. The applicant's explanation of 3 March 2004

74. The explanation, in so far as relevant, reads:
"I arrived in facility SI-2 in Beloretsk on [illegible] September 2000. I arrived in IK-3[UE 394/3] in May 2001 and have been serving my sentence in brigade No. 4, I am working as a welder... I have no complaints about officers of the [prison] administration and of the penitentiary system of the Bashkortostan Republic. I was not subjected to physical or psychological pressure by penitentiary officers of the Bashkortostan Republic."
75. On 17 November 2004 the applicant retained lawyers of the European Human Rights Advocacy Centre (EHRAC) to represent him before the Court.

3. The applicant's written statement of 11 July 2005

76. It appears that on 8 July 2005 the applicant's wife concluded an agreement with Ch.M., a lawyer, under which the latter was to visit the applicant in prison and to interview him about his conversation with Captain G.
77. On 16 July 2005 the applicant's representatives forwarded to the Court the applicant's written statement of 11 July 2005 which, in so far as relevant, reads:
"..On 6 January 2004, after lunch, I was called for a conversation to an office located in the industrial zone of the furniture department where I was working. The person present in the office introduced himself as Captain G. (I don't remember his name or patronymic). From our conversation I realised that he was aware of my application to the European Court. He explained his presence by saying that he could help me... He said that if I was lucky, my case would be examined and he would possibly come back for a conversation with me.
I told him in brief about the essence of my complaint [to Strasbourg], in particular, that I had been ill-treated on 8 - 9 September 2000 at the Uchaly poli



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