Постановление Европейского суда по правам человека от 29.01.2009 «Дело Малтабарь и Малтабарь (Maltabar and Maltabar) против России» [англ.]

EUROPEAN COURT OF HUMAN RIGHTS

FIRST SECTION

CASE OF MALTABAR AND MALTABAR v. RUSSIA
(Application No. 6954/02)

JUDGMENT <*>

(Strasbourg, 29.I.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 Maltabar and Maltabar v. Russia,
The European Court of Human Rights (First Section), sitting as a Chamber composed of:
Christos Rozakis, President,
Anatoly Kovler,
Elisabeth Steiner,
Khanlar Hajiyev,
Dean Spielmann,
Sverre Erik Jebens,
Giorgio Malinverni, judges,
and {Soren} <*> Nielsen, 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 8 January 2009,
Delivers the following judgment, which was adopted on that date:

PROCEDURE

1. The case originated in an application (No. 6954/02) 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 two Russian nationals, Mr Aleksey Aleksandrovich Maltabar and Mr Anton Aleksandrovich Maltabar ("the applicants"), on 30 December 2001.
2. The applicants were represented before the Court by Mrs N.S. Maltabar, a lawyer practising in Tver. The Russian Government ("the Government") were represented by Mr P. Laptev and Ms V. Milinchuk, former Representatives of the Russian Federation at the European Court of Human Rights.
3. The applicants alleged that the conditions of their detention and transportation pending criminal proceedings had been appalling.
4. By a decision of 28 June 2007, the Court declared the application partly admissible.
5. The applicants and the Government each filed further written observations (Rule 59 § 1). The Chamber decided, after consulting the parties, that no hearing on the merits was required (Rule 59 § 3 in fine).

THE FACTS

I. The circumstances of the case

6. The applicants were born in 1969 and live in the town of Tver.

A. Criminal proceedings against the applicants

7. On an unspecified date the authorities brought proceedings against the applicants on suspicion of fraud.
8. On 17 April 2001 the Moskovskiy District Court of the town of Tver tried and convicted both applicants on a charge of attempted large-scale fraud. Both applicants were also tried on a charge of forgery. On the latter charge, the court acquitted the first applicant and found the second applicant guilty. They were sentenced to three years and six months and four years and six months' imprisonment respectively.
9. The applicants appealed against the judgment. Their appeal was examined and dismissed by the Tver Regional Court on 3 July 2001.
10. On 18 December 2002 the Deputy President of the Supreme Court of Russia applied for supervisory review of the judgment of 17 April 2001, requesting a milder sentence.
11. By decision of 20 January 2003 the Supreme Court examined and allowed the arguments set out in the special appeal. It reduced the applicants' sentences to two years and two years and six months' imprisonment respectively and ordered that the first applicant be released accordingly.
12. By decision of 11 March 2003 the Torzhokskiy Town Court released the second applicant on parole before the expiry of his prison sentence.

B. Condition



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