eparate complaint to this effect (see paragraphs 15, 19 - 21 and 23 above). According to the Government, if the applicants had complained about the lack of medical assistance to the administration of the detention centre, the latter would have either provided such care or arranged it for the applicants in other hospitals in Vladivostok. In support of their position the Government furnished the Court with a number of information statements and witness statements by the medical personnel of IZ-25/1 and the applicants' medical records certifying that they had not applied for medical assistance while in detention in IZ-25/1.
67. The Court reiterates that where the applicant's complaint stems not from a known structural problem, such as general conditions of detention, in particular overcrowding, but from an alleged specific act or omission by the authorities, the applicant must be required, as a rule, to exhaust domestic remedies in respect of such complaints. The Court has already established that applicants complaining of a lack of medical assistance should raise their complaints with the competent domestic authorities, including the administration of the detention facility (see Solovyev v. Russia (dec.), No. 76114/01, 27 September 2007, and Tarariyeva v. Russia (dec.), No. 4353/03, 11 October 2005). In connection with this, the Court notes that the domestic legislation at the material time provided that an inmate had the right to request that his or her medical examination be conducted by medical officers of other medical institutions and, if the administration of the detention facility refused to arrange such an examination, to appeal against that decision to the prosecutor or the court (see paragraph 53). However, in the present case, the applicants failed to resort to this remedy and to raise the issue of the alleged lack of medical assistance or its inadequate quality with the administration of the detention centre, the prosecutor's office or the court. There is no indication that such a remedy would have been ineffective in the circumstances of the applicants' case. Therefore, the Court does not find any grounds for absolving the applicants from the requirement of exhaustion of domestic remedies as regards the alleged lack of medical care.
68. In these circumstances the Court sees no reason not to allow the Government's objection to the admissibility of the applicants' complaint about their alleged lack of medical assistance in IZ-25/1. It follows that this part of the applicants' complaint under Article 3 must be rejected for non-exhaustion of domestic remedies pursuant to Article 35 §§ 1 and 4 of the Convention.
II. Alleged violation of Article 5 § 3 of the Convention
69. The applicants complained that the length of their detention on remand had been excessive. They referred to Article 5 § 3 of the Convention, which provides as follows:
"Everyone arrested or detained in accordance with the provisions of paragraph 1 (c) of this Article shall be... entitled to trial within a reasonable time or to release pending trial. Release may be conditioned by guarantees to appear for trial."
(a) Admissibility
70. The Government contended that the applicants had failed to exhaust domestic remedies as they had not appealed against any of the decisions extending their detention on remand. They further stated that the applicants had lodged their requests for release pending trial only after the transfer of the criminal case from the investigators to the District Court - that is, after 29 October 2000. These requests could have been examined by the court only during the hearing of the criminal case. However, the examination of the case had been adjourned from 11 October 2000 to 20 February 2001 owing to the need to conduct an additional expert assessment. Therefore, the applicants' complaints lodged between 2
> 1 2 3 ... 9 10 11 ... 15 16 17
Zaki.ru законы и право
поиск по сайту
каталог документов
добавить сайт Zaki.ru в избранное
Правовые акты международные
Правовые акты Российской Федерации
