results of a series of enquires. In particular, it had before it the conclusions of the Russian Centre of Forensic Medical Examinations at the Ministry of Health of 22 October 2002, which had been requested because previous findings had been inconsistent. In its report, the Centre concluded that three of the applicant's ribs had been broken, that the injuries were caused by "a blunt firm object with a narrow surface, possibly... fists or kicks with a booted foot", that the injuries had not been caused by a fall, and that the injures could have occurred on 10 May 2001 (see paragraph 29 above). The court accepted that the applicant had suffered the injuries, but nevertheless found that the circumstances under which he had confessed "excluded any physical or mental pressure on the part of police officers" (see paragraph 10 above).
78. The Court notes that the self-incriminating statement of the applicant of 10 May 2001 formed part of the evidence produced against him. It was not the only evidence against him, as his subsequent statements were also adduced, and there was a limited amount of other indirect evidence (witnesses who had spoken to the victim the previous day, and a pistol near the scene of the crime, see paragraph 10 above). The Kostroma Court did not find the initial confession inadmissible, and the Supreme Court did not allude to the question of the circumstances of the interrogation or the admissibility of the statements made during it (see paragraphs 10 - 12 above).
79. In the light of the Court's finding (see paragraphs 57 - 58 above) that the applicant was subjected to ill-treatment contrary to the substantive provisions of Article 3 when he confessed on 10 May 2001, the uncontested fact that the applicant's initial statements formed a relevant part in his conviction, and the way in which the Kostroma Court dealt with the evidence before it, the Court finds that reliance on the applicant's initial statements rendered his trial unfair. There has accordingly been a violation of Article 6 § 1 of the Convention.
80. In view of this conclusion, the Court does not consider it necessary to examine separately the applicant's argument that the use of his confession statements breached his right not to incriminate himself (see Harutyunyan, cited above, § 67).
III. Other alleged violations of the Convention
81. Lastly, the applicant complained under Article 5 § 3 that his pre-trial detention had been excessively long, and under Article 6 § 1 about the overall length of the criminal proceedings against him. He also relied on Article 13 of the Convention.
82. Having regard to all the material in its possession, the Court finds that they do not disclose any appearance of a violation of the rights and freedoms set out in the Convention or its Protocols. It follows that this part of the application must be rejected as being manifestly ill-founded, pursuant to Article 35 §§ 3 and 4 of the Convention.
IV. Application of Article 41 of the Convention
83. Article 41 of the Convention provides:
"If the Court finds that there has been a violation of the Convention or the Protocols thereto, and if the internal law of the High Contracting Party concerned allows only partial reparation to be made, the Court shall, if necessary, afford just satisfaction to the injured party."
A. Damage
84. The applicant claimed 50,000 euros (EUR) in compensation for non-pecuniary damage sustained as a result of the ill-treatment and EUR 100,000 for non-pecuniary damage caused by unfair trial.
85. The Government submitted that no violation of the Convention had taken place, that the amounts claimed were excessive and that no evidence of suffering or other loss had been adduced. In any event, they considered that any finding by the Court of a violati
> 1 2 3 ... 24 25 26
Zaki.ru законы и право
поиск по сайту
каталог документов
добавить сайт Zaki.ru в избранное
Правовые акты международные
Правовые акты Российской Федерации
