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





the proceedings was a reconstruction held or a confrontation between the applicant and warders organised and the applicant was not given any opportunity to provide the investigating authorities with his account of the events in question.
64. Finally, the Court reiterates that proper medical examinations are an essential safeguard against the ill-treatment of persons in custody (see {Akkoc} v. Turkey, Nos. 22947/93 and 22948/93, § 118, ECHR 2000-X). In this respect it notes that the investigators' decisions of 25 January and 11 June 2003 were based on the expert report which had advised that an additional, more detailed X-ray of the applicant's chest was needed (see paragraph 26 above). Such an X-ray could have been expected to enable a final, indisputable conclusion to be made in respect of the applicant's allegations, but none was performed until November 2005. The above flaws, for which no explanation was provided to the Court, suffice to render the investigation ineffective.
65. In view of these considerations, the Court dismisses the Government's objection as to the necessity for the applicant to await the final result of the investigation into his allegations and concludes that there has been a violation of the procedural limb of Article 3 of the Convention.

II. Alleged violation of Article 13 of the Convention

66. The applicant also complained that the investigation into his allegations of ill-treatment was ineffective contrary to Article 13 of the Convention, which provides:
"Everyone whose rights and freedoms as set forth in [the] Convention are violated shall have an effective remedy before a national authority notwithstanding that the violation has been committed by persons acting in an official capacity."
67. The Court observes that this complaint concerns the same issues as those examined in paragraphs 59 to 65 above under the procedural limb of Article 3 of the Convention. Having regard to the grounds on which it has found a violation of the procedural aspect of Article 3, the Court considers it unnecessary to examine those issues separately under Article 13 of the Convention.

III. Other alleged violations of the Convention

68. The applicant further complained under Article 3 of the Convention that he had contracted several diseases and had been ill-treated in the colony in 2000. He also complained under Article 6 § 3 (b) - (d) of the Convention that he had been denied a "fair hearing" in the proceedings concerning his transfer to a different detention facility as he had not been given time and opportunity to prepare his defence, had not been present at the hearings or provided with legal assistance and witnesses on his behalf had not been called to testify before the court. He further complained under Article 2 of Protocol No. 1 of a violation of his right to education.
69. However, having regard to all the material in its possession, the Court finds that these complaints 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

70. 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."
71. The Court points out that under Rule 60 of the Rules of Court any claim for just satisfaction must be itemised and submitted in writing together with the relevant supporting documents or vouchers, "fail



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