Постановление Европейского суда по правам человека от 04.03.2010 «Дело Штукатуров (Shtukaturov) против России» [англ.]

EUROPEAN COURT OF HUMAN RIGHTS

FIRST SECTION

CASE OF SHTUKATUROV v. RUSSIA
(Application No. 44009/05)

JUDGMENT <*>
(Just satisfaction)

(Strasbourg, 4.III.2010)

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<*> This judgment will become final in the circumstances set out in Article 44 § 2 of the Convention. It may be subject to editorial revision.

In the case of Shtukaturov v. Russia,
The European Court of Human Rights (First Section), sitting as a Chamber composed of:
Christos Rozakis, President,
Nina {Vajic} <*>,
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<*> Здесь и далее по тексту слова на национальном языке набраны латинским шрифтом и выделены фигурными скобками.

Anatoly Kovler,
Elisabeth Steiner,
Khanlar Hajiyev,
Giorgio Malinverni,
George Nicolaou, judges,
and {Soren} Nielsen, Section Registrar,
Having deliberated in private on 9 February 2010,
Delivers the following judgment, which was adopted on that date:

PROCEDURE

1. The case originated in an application (No. 44009/05) against the Russian Federation lodged with the Court under Article 34 of the Convention for the Protection of Human Rights and Fundamental Freedoms ("the Convention") by a Russian national, Mr Pavel Vladimirovich Shtukaturov ("the applicant"), on 10 December 2005. The applicant alleged that by depriving him of his legal capacity on account of his mental health problems the domestic courts had breached his rights under Articles 6 and 8 of the Convention. He further alleged that his detention in a psychiatric hospital had infringed Articles 3 and 5 of the Convention.
2. In a judgment delivered on 27 March 2008 ("the principal judgment"), the Court held unanimously that there had been a violation of Article 6 § 1 (right to a fair hearing) of the European Convention on Human Rights concerning the proceedings which deprived the applicant of his legal capacity; a violation of Article 8 (right to respect for private and family life) of the Convention on account of the complete deprivation of the applicant's legal capacity; a violation of Article 5 § 1 (right to liberty and security) concerning the applicant's confinement in a psychiatric hospital; a violation of Article 5 § 4 concerning the applicant's inability to obtain his release from hospital; and a failure by the Russian Government to comply with its obligations under Article 34 (right of individual petition) as it had hindered the applicant's access to the Court (see Shtukaturov v. Russia, No. 44009/05, 27 March 2008).
3. Under Article 41 of the Convention the applicant sought just satisfaction in respect of non-pecuniary damage.
4. Since the question of the application of Article 41 of the Convention was not ready for decision, the Court reserved it and invited the Government and the applicant to submit, within three months from the date on which the judgment became final in accordance with Article 44 § 2 of the Convention, their written observations on that issue and, in particular, to notify the Court of any agreement they might reach (ibid., § 154, and point 9 of the operative provisions).
5. The applicant and the Government each filed observations. On 7 April 2009 the Chamber, under Rule 54 § 2 (a) of the Rules of Court, requested the parties to submit an update on recent developments in the case. By 22 May 2009 both parties had submitted the information requested by the Chamber.
6. In their observations of 6 May 2009 the Government informed the Court that on 27 April 2009 the Vasileostrovskiy District Court of St Petersburg, at the request of the State guardianship authority and following a fresh



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