Главная страницаZaki.ru законы и право Поиск законов поиск по сайту Каталог документов каталог документов Добавить в избранное добавить сайт Zaki.ru в избранное




Постановление Европейского суда по правам человека от 18.03.2010 «Дело Максимов (Maksimov) против России» [англ.]





and on its case-law, thereby "forcing" member States to ensure that the Convention is effectively incorporated in the domestic court's application of the law.
4. Article 13 of the Convention guarantees the availability at the national level of a remedy to enforce the substance of the 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 the relevant Convention complaint and to grant appropriate relief, although Contracting States are afforded some discretion as to the manner in which they conform to their Convention obligations under this provision. The Court has already noted that 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, in particular in the sense that its exercise must not be unjustifiably hindered by the acts or omissions of the authorities of the respondent State (see Aksoy v. Turkey, 18 December 1996, § 95, Reports of Judgments and Decisions 1996-VI, and {Mentes} and Others v. Turkey, 28 November 1997, § 89, Reports 1997-VIII). We further consider that, where an arguable breach of one or more of the rights under the Convention is in issue, there should be available to the victim a mechanism for establishing any liability of State officials or bodies for that breach (see T.P. and K.M. v. the United Kingdom [GC], No. 28945/95, § 107, ECHR 2001-V (extracts)). Furthermore, in the case of a breach of Articles 2 and 3 of the Convention, compensation for the pecuniary and non-pecuniary damage flowing from the breach should in principle be available as part of the range of redress (see Z and Others v. the United Kingdom [GC], No. 29392/95, § 109, ECHR 2001-V).
5. Turning to the circumstances of the present case we observe, and it was not in dispute between the parties, that the applicant sustained serious injuries resulting from police officer N.'s conduct. The effective investigation into the applicant's ill-treatment complaints alone could not redress the physical and psychological damage flowing from the direct and deliberate invasion of the applicant's bodily integrity and therefore represented only one part of the measures necessary to provide redress for the ill-treatment by the State agent (see Vladimir Romanov v. Russia, No. 41461/02, § 79, 24 July 2008). The applicant submitted that he had attempted to obtain redress for the ill-treatment suffered by bringing two tort actions. However, he argued that the remedy was not sufficiently effective to comply with Article 13 of the Convention, as it did not provide adequate redress. It is apparent from the above that the Court must examine whether the judicial avenue for obtaining compensation for the damage sustained by the applicant represented an effective, adequate and accessible remedy capable of satisfying the requirements of Article 13.
6. The applicant introduced an action in the course of the criminal proceedings against police officer N., seeking compensation for damage resulting from the latter's unlawful conduct. The domestic courts partly allowed the action, awarding the applicant RUB 10,000 (approximately EUR 340) in compensation for non-pecuniary damage, and instructed him to bring a separate action for compensation in respect of the injuries suffered to his person (see paragraph 19 of the judgment). The award was never enforced as Mr N. did not have the requisite funds. Subsequently, the applicant brought an action against a number of State agencies, including the Yemelyanovskiy district police department which had employed officer N., arguing that the amount of compensation awarded was inadequate and had not in fact been paid to him. He further argued that the



> 1 2 3 ... 21 22 23 ... 25 26 27

Поделиться:

Опубликовать в своем блоге livejournal.com
0.1321 с