Постановление Европейского суда по правам человека от 14.05.2009 «Дело Алибеков (Alibekov) против России» [англ.]

EUROPEAN COURT OF HUMAN RIGHTS

FIRST SECTION

CASE OF ALIBEKOV v. RUSSIA
(Application No. 8413/02)

JUDGMENT <*>

(Strasbourg, 14.V.2009)

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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 Alibekov v. Russia,
The European Court of Human Rights (First Section), sitting as a Chamber composed of:
Christos Rozakis, President,
Anatoly Kovler,
Elisabeth Steiner,
Dean Spielmann,
Sverre Erik Jebens,
Giorgio Malinverni,
George Nicolaou, judges,
and {Andre} <*> Wampach, Deputy Section Registrar,
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<*> Здесь и далее по тексту слова на национальном языке набраны латинским шрифтом и выделены фигурными скобками.

Having deliberated in private on 14 April 2009,
Delivers the following judgment, which was adopted on that date:

PROCEDURE

1. The case originated in an application (No. 8413/02) 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 Sulayman Kadyrovich Alibekov ("the applicant"), on 14 August 2001.
2. The applicant was represented by Ms T. Chichilenko, a lawyer practising in Nizhnevartovsk. The Russian Government ("the Government") were represented by Mr P. Laptev, former Representative of the Russian Federation at the European Court of Human Rights.
3. The applicant alleged, in particular, that he had been subjected to ill-treatment and that no effective investigation had been conducted into that complaint.
4. On 30 September 2005 the President of the First Section decided to give notice of the application to the Government. It was also decided to examine the merits of the application at the same time as its admissibility (Article 29 § 3).
5. The Government objected to the joint examination of the admissibility and merits of the application. Having examined the Government's objection, the Court dismissed it.

THE FACTS

I. The circumstances of the case

6. The applicant was born in 1961 and lives in the village of Inchkha in the Dagestan Republic of the Russian Federation.

A. The applicant's criminal convictions

7. On 16 April 1996 the Supreme Court of the Dagestan Republic, sitting as a court of last instance, found the applicant guilty of manslaughter and the unlawful possession of weapons and sentenced him to eight years' imprisonment in a correctional colony.
8. In separate proceedings on 16 May 1996 the Kizlyar Town Court of the Dagestan Republic found the applicant guilty of a grave traffic offence which led to the victim's death under Article 211 § 2 of the RSFSR Criminal Code and sentenced him to seven years' imprisonment, to run concurrently with the sentence imposed by the Supreme Court.

B. Applicant's detention in correctional colony No. IU-4

9. The applicant began serving his sentence in 1996 in colony No. IU-4 in the Tyumen Region.

1. Alleged ill-treatment in 2000

10. In 2000 a special police unit came to the colony in order to search the cells.
11. The applicant alleges that he was beaten up during the search and that his gall-bladder was damaged as a consequence. He also alleged that he contracted diabetes as a result of the injury.
12. In September 2000 the applicant sued the colony administ



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