of humiliating and debasing him.
76. There has therefore been a violation of Article 3 of the Convention as the Court finds the applicant's detention to have been inhuman and degrading within the meaning of this provision.
II. Other alleged violations of the Convention
77. In so far as the applicant also complained of ill-treatment after his arrest (see paragraphs 15 - 20), the alleged lack of adequate medical assistance in SIZO No. 4 (see paragraph 41), as well as an episode of alleged ill-treatment by the special forces in 2000 (see paragraphs 42 and 43), the Court notes that these grievances have not been made out and in any event the applicant failed to raise these complaints before the competent domestic authorities as required by Article 35 § 1 of the Convention.
78. As to the complaints about various aspects of the applicant's detention in disciplinary cells of the correctional colony OYa-22/7 (see paragraphs 48 - 52), the Court would note that the first period in question ended in June, and the second on 19 November 2002. The grievances were first raised in his letter of 2 December 2003, that is more than six months later.
79. As regards the proceedings in his criminal case, the applicant was dissatisfied with the use of his pre-trial confession by the courts, alleged bias on the part of the trial court, the mistaken assessment of the evidence in his case as well as the courts' failure to call and question witnesses K. and M.
80. The Court reiterates that it is not its function to deal with errors of fact or of law allegedly committed by national courts unless and in so far as they may have infringed rights and freedoms protected by the Convention. While Article 6 guarantees the right to a fair hearing, it does not lay down any rules on the admissibility and assessment of evidence, which are primarily a matter for regulation under national law (see, among other authorities, Khan v. the United Kingdom, No. 35394/97, § 34, ECHR 2000-V). Furthermore, it is not the role of the Court to determine, as a matter of principle, whether a particular piece of evidence is necessary and essential to decide a case (see, for example, Elsholz v. Germany [GC], No. 25735/94, § 66, ECHR 2000-VIII) or, indeed, whether the applicant is guilty or not. The question which must be answered is whether the alleged defects impaired the fairness of the proceedings, taken as a whole. On the facts of the present case, the Court observes that the applicant was fully able to contest the authenticity and admissibility of the evidence at each stage of the proceedings and the courts addressed these arguments either by rectifying the alleged mistakes or rejecting his arguments as unsubstantiated. Thus, in so far as the applicant complained about the use of evidence obtained through coercion, the Court would note firstly that at the trial the applicant seemed to have complained of threats by the relevant officials, and not of physical force, the latter argument having been raised much later in the application to this Court. Further, the grievance has never been raised by the applicant before a competent domestic authority which could investigate the matter by way of a criminal inquiry (see also the Court's conclusions under Article 3 in paragraph 77 above). To the extent that the applicant raised this argument before the courts in his criminal case, the courts examined and rejected it as unfounded (see paragraph 26) and there is nothing in the case file which would enable the Court to depart from these conclusions. That being so, and having regard to the extensive body of evidence which was presented by both parties and then carefully examined by the courts, the Court cannot conclude that the defects alleged by the applicant, if any, adversely affected the fairness of the proceedings as a whole.
81. In so far as the applicant complained that the
> 1 2 3 ... 9 10 11 12
Zaki.ru законы и право
поиск по сайту
каталог документов
добавить сайт Zaki.ru в избранное
Правовые акты международные
Правовые акты Российской Федерации
