Resolution CM/ Res DH ( 2020 ) 330

Execution of the judgment of the European Court of Human Rights

Shugayev against the Russian Federation

(Adopted by the Committee of Ministers on 8 December 2020

at the 1391 st meeting of the Ministers ’ Deputies)

Application No.

Case

Judgment of

Final on

11020/03

SHUGAYEV

14/01/2010

14/04/2010

The Committee of Ministers, under the terms of Article 46, paragraph 2, of the Convention for the Protection of Human Rights and Fundamental Freedoms, which provides that the Committee supervises the execution of final judgments of the European Court of Human Rights (hereinafter “the Convention” and “the Court”),

Having regard to the final judgment transmitted by the Court to the Committee in this case and to the violation s established;

Recalling the respondent State’s obligation, under Article 46, paragraph 1, of the Convention, to abide by all final judgments in cases to which it has been a party and that this obligation entails, over and above the payment of any sums awarded by the Court, the adoption by the authorities of the respondent State, where required:

- of individual measures to put an end to violations established and erase their consequences so as to achieve as far as possible restitutio in integrum ; and

- of general measures preventing similar violations;

Having invited the government of the respondent State to inform the Committee of the measures taken to comply with the above-mentioned obligation;

Having examined the information provided by the government indicating the measures adopted to give effect to the judgment including the information provided regarding the payment of the just satisfaction awarded by the Court (see Appendix );

Having satisfied itself that all the measures required by Article 46, paragraph 1, have been adopted,

DECLARES that it has exercised its functions under Article 46, paragraph 2, of the Convention in this case and

DECIDES to close the examination thereof.

Appendix to the Final Resolution CM/ ResDH ( 2020) 330

Information about the measures to comply with the judgment in the Shugayev case against the Russian Federation

Case summary

This case concerns a violation of the applicant's right of individual petition on account of the prison administration's failure to forward the Court's letters to another correctional institution where the applicant was temporarily held, thus causing delays in the examination of his case (violation of Article 34).

It also concerns the breach of the applicant’s right to a fair trial on account of the appeal court’s failure to verify whether the applicant was legally represented in the appeal proceedings (violation of Article 6 , paragraphs 1 and 3 (c)).

I. Payment of just satisfaction and individual measures

a) Details of just satisfaction

Despite the numerous reminders sent by the authorities to the applicant requesting his bank account details, no reply has been received. The sum awarded remains at the disposal of the applicant, and the Russian authorities have undertaken to pay him as soon as he comes forward with his bank account details without any additional logistical hurdles.

Name and application number

Pecuniary damage

Non- pecuniary damage

Costs and expenses

Total

Last reminder letter sent o n

Shugayev 11020/03

-

1, 5 00 EUR

-

1, 5 00

25/09/2020

b) Other individual measures

As regards the violation of Article 34, there is no evidence that the applicant has again suffered from a prison administration’s failure to dispatch or deliver his correspondence. No additional measure, apart from payment of the just satisfaction, is necessary in this regard.

As regards the violation of Article 6 , paragraphs 1 and 3 (c), the Supreme Court reopened the criminal proceedings against the applicant, quashed the appeal judgment and remitted the case for a fresh examination by the court of appeal. During the new examination of the case the applicant was provided with a defence counsel.

No further individual measures are thus required in this case.

II. General measures

The judgment has been translated, published and disseminated to the Prosecutor General’s Office, the Federal Penitentiary Service, and within the judiciary. The Prosecutor General’s Office has sent a circular letter to its territorial branches instructing to ensure that the Court’s findings were used in the monitoring of the compliance with the Convention of the administrations and institutions of the penitentiary system. A circular letter has also been sent by the Federal Penitentiary Service, instructing the managers, inter alia , to avoid delays when dispatching or delivering correspondence and to organise the study of the judgment by the officials.

T he Order of the Ministry of Justice no. 205 of 03/11/2005 On Approval of Internal Regulations of Detention Facilities provides, inter alia , that in the event that a convict is transferred to a new detention facility, his or her correspondence should be forwarded to that facility within 3 days of receipt.

The general measures required to address the violation established on account of the lack of legal representation in the criminal appeal proceedings are examined in the framework of the Sakhnovskiy group of cases.

III. Conclusions of the respondent State

The g overnment considers that the individual measures required in this case have been taken and that the general measures adopted will prevent similar violations in future. The Russian Federation has, therefore, complied with its obligations under Article 46, paragraph 1, of the Convention.