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Постановление Европейского суда по правам человека от 14.01.2010 "Дело "Мельников (Melnikov) против Российской Федерации" [рус., англ.]





Hence, from late October 2005 until September 2006 he was placed in a punishment cell at least twenty-five times for periods of between six days and two months (on one occasion in 2006). In the meantime, other disciplinary measures (such as reprimands or an "educational talk") were imposed on him for similar breaches.

D. The applicant's correspondence with the Court

28. At the applicant's request, on 2 May 2006 the Court decided under Rule 36 § 4 (a) of the Rules of Court to give Ms Bokareva, then a legal consultant at the International Protection Centre in Moscow, leave to represent the applicant in the proceedings before the Court. She was invited to submit by 6 July 2006 at the latest any written observations on behalf of the applicant in reply to the Government's observations, together with any claims for just satisfaction. She was also invited to indicate by the same date the applicant's position regarding a friendly settlement of the case, and any proposals he might wish to make. The above time-limit was extended to 6 August 2006.
29. In addition, in response to a request for legal aid by Ms Bokareva on behalf of the applicant, the latter was invited to complete, by 15 June 2006, the form for the declaration of means provided for in Rule 93 § 1 of the Rules of Court. This time-limit was extended to 15 July 2006.
30. According to the applicant, on 31 May 2006 in the presence of three other prisoners the applicant gave guard N. of Tver colony No. 1 a package of documents (fifty-seven single or double-spaced pages) containing his observations in reply to the Government's observations on his application before the Court. He asked that it be dispatched to his representative, Ms Bokareva. N. then informed him that he had transmitted the package to officer K. Later, the applicant learned from unit officer Sh. that the latter had seen the package. The applicant contended that he had handed over his letter to guard N. in the presence of three cellmates. According to the applicant, it was never dispatched.
31. The Government produced a copy of Mr N.'s report stating that no documents had been handed over to him while he was on duty from 30 to 31 May 2006. Similarly, Mr K. and Mr Sh. also testified that Mr N. had not been in possession of any documents from the applicant on 31 May 2006. The prison administrative officer reported that all correspondence from the applicant to various authorities and the International Protection Centre had been properly dispatched in 2006. The censorship unit officer reported that a letter from the applicant dated 30 May 2006 (eight pages) had been dispatched to Ms Bokareva without undue delay.
32. According to the applicant, in June 2006 another letter pertaining to the proceedings before the Court was belatedly dispatched to his representative. According to the report produced by the Government, the censorship unit officer confirmed that a two-page letter from the applicant dated 5 June 2006 had been dispatched to Ms Bokareva without undue delay.
33. On 4 July 2006 the applicant's representative informed the prison authorities that any hindrance of the applicant's correspondence would violate Article 34 of the Convention.
34. On 2 August 2006 Ms Bokareva arrived from Moscow at Tver colony No. 1. She was accompanied by Mr R., a lawyer practising in Moscow. It appears that the purpose of this visit was the drafting of the applicant's observations in reply to those of the Government.
35. According to the applicant's representative, the deputy prison governor, Mr V., refused to allow a meeting with the applicant. Ms Bokareva made a written request to see the prison governor. Having waited for more than two hours, she saw the prison governor leave the colony premises. His deputy, Mr Sm., undertook to deal with their request but after two more ho



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