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





eparate grievances:
(i) he alleged that on 31 May 2006 the prison authorities had failed to dispatch to his representative his comments on the Government's observations in the present application and had delayed dispatching another letter in June 2006;
(ii) he contended that his representative had been refused permission to have a meeting with him in the prison; and
(iii) he maintained that he had been detained in a punishment cell on numerous occasions since October 2005 because of his application to the Court.
The applicant contended that his situation had worsened after notice of his application had been given to the respondent Government. He had spent most of the time between late October 2005 and November 2006 in a punishment cell, purportedly for minor breaches of prison discipline such as non-compliance with the rule on making one's bed. The applicant contended that he had handed over his letter to guard N. in the presence of cellmates B., Y. and M.
87. The Government submitted that the applicant had not handed over any letter on 31 May 2006. However, his letters of 30 May and 5 June 2006 had been dispatched to his representative before the Court. With regard to the second grievance, the Government submitted that the applicant's representative and Mr R. had left the prison before they were given permission to see the applicant. Lastly, the Government contended that the applicant had been placed in a punishment cell on account of numerous breaches of prison discipline and not in connection with his application pending before the Court.

B. The Court's assessment

1. General principles

88. The Court reiterates that it is of the utmost importance for the effective operation of the system of individual petition instituted by Article 34 that applicants or potential applicants should be able to communicate freely with the Court without being subjected to any form of pressure from the authorities to withdraw or modify their complaints (see Mamatkulov and Askarov v. Turkey [GC], Nos. 46827/99 and 46951/99, § 102, ECHR 2005-I). In this context, "pressure" includes not only direct coercion and flagrant acts of intimidation but also other improper indirect acts or contacts designed to dissuade or discourage applicants from pursuing a Convention remedy. The fact that the individual actually managed to pursue his application does not prevent an issue arising under Article 34: should the Government's action make it more difficult for the individual to exercise his right of petition, this amounts to "hindering" his rights under Article 34 (see Akdivar and Others v. Turkey, 16 September 1996, §§ 105 and 254, Reports 1996-IV). The intentions or reasons underlying the acts or omissions in question are of little relevance when assessing whether Article 34 of the Convention was complied with; what matters is whether the situation created as a result of the authorities' act or omission conforms to Article 34 (see Paladi v. Moldova [GC], No. 39806/05, § 87, 10 March 2009).
89. Furthermore, whether or not contacts between the authorities and an applicant are tantamount to unacceptable practices from the standpoint of Article 34 must be determined in the light of the particular circumstances of the case (see Akdivar and Others cited above, § 105). In this respect, regard must be had to the vulnerability of the complainant and his or her susceptibility to influence exerted by the authorities.

2. Application in the present case

(a) Dispatch of correspondence
90. Having examined the parties' submissions, the Court considers that the applicant's allegations concerning the failure to dispatch one letter in May 2006 (see paragraphs 30 and 31 above) and the delayed dispatch of another one in June 2006 (see paragraph 32 above) have not been s



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