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Постановление Европейского суда по правам человека от 08.01.2009 "Дело "Алексеенко (Alekseyenko) против Российской Федерации" [рус., англ.]





/> 73. At the outset the Court notes that it requested the parties to substantiate their respective submissions and submit detailed information concerning the applicant's incoming and outgoing correspondence with the Court between 22 January 2001 and 4 September 2007.
(a) The applicant's outgoing mail
74. As regards the information about the applicant's outgoing mail, the Government's submissions regarding the applicant's letters to the Court (in particular their quantity) failed to match those submitted by the applicant: according to the applicant, he had sent out twenty-nine letters, whilst the Government submitted logs from which it appeared that the applicant had only sent out eleven such letters.
75. The Court would note, however, that nothing in the case file supports the applicant's allegation concerning the actual dispatch of the allegedly eighteen missing letters. In fact, it has not been alleged by the applicant that he had in any way been precluded from obtaining proof of dispatch of these letters. In such circumstances, the Court finds that the applicant has failed to provide any documentary indication that he had indeed handed the allegedly missing letters for dispatch to the respective prison authority and it is thus unable to conclude that the applicant had in fact sent the eighteen missing letters.
76. It follows that the applicant has failed to substantiate his allegations concerning the authorities' failure to dispatch his mail. Accordingly, the Court concludes that there has been no violation of Article 8. In these circumstances, the Court finds that it need not decide on the Government's preliminary objection in connection with this grievance.
(b) The applicant's incoming mail
77. By contrast to the outgoing mail the Court finds that the applicant's incoming mail could hardly be traced by him at all and he thus could not know of, let alone prove, the loss of the letters and exhaust domestic remedies in that respect. Accordingly, the Court rejects the Government's preliminary objection.
78. The Court notes the following concerning the information about the applicant's incoming mail.
79. From the Government's submissions it follows that between 22 January 2001 and 4 September 2007 the applicant had received ten letters from the Court. According to the applicant, during this time he had received eleven letters from the Court through the prison authority. He also alleged (without providing any concrete evidence to prove the latter point) that all of these letters had been served on him with substantial delays. At the same time, the Court's own database indicates that between 22 January 2001 and 4 September 2007 it dispatched a total of twenty-three letters to the applicant's prison addresses, dated respectively 20 April, 2 August and 26 September 2001; 18 March, 6 September and 18 November 2002; 24 and 27 February, 19 March and 7 April 2003; 28 June and 5 July 2004; 2 September, 24 November and 1, 21 and 22 December 2004; and 18 January, 1 February, 8 and 9 March, 12 April and 20 June 2005.
80. Having examined the above information, the Court finds firstly that the applicant's allegations concerning the delay in the delivery to the applicant of the Court's letters are unsubstantiated as there is nothing in the documents submitted by the parties to confirm the allegation.
81. Secondly, the Court notes that irrespective of whether the applicant had received ten (as the Government claimed) or eleven (as submitted by the applicant) letters from the Court during the period at issue, the data at the Court's disposal indicates conclusively that at least twelve of its letters were not delivered to the applicant at all. The Court is prepared to accept that some of these letters may have disappeared due to errors and omissions in



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