Resolution CM/ ResDH (2018)440 Execution of the judgment of the European Court of Human Rights Buldakov against Russian Federation

(Adopted by the Committee of Ministers on 6 December 2018 at the 1331 st meeting of the Ministers ’ Deputies)

Application No.

Case

Judgment of

Final on

23294/05

BULDAKOV

19/07/2011

08/03/2012

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 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 these cases and

DECIDES to close the examination thereof.

Appendix to Resolution CM/ ResDH ( 2018)440

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

Case summary

The case concerns the failure in 2005, by the administration of a St Petersburg remand prison, to dispatch the applicant ’ s application form with the attachments to the European Court (violation of Article 34). As it transpires from the judgment, an inquiry established that the mailing had never been dispatched and in fact had disappeared within the remand centre.

I. Payment of just satisfaction and individual measures

a) Details of just satisfaction

Name and application number

Pecuniary damage

Non-pecuniary damage

Costs and expenses

Total

Paid on

Buldakov (No. 23294/05 )

-

EUR 3,000

-

EUR 3,000

04/0 4 /2012

b) Other individual measures

It is recalled that following an inquiry by the prosecutor ’ s office, the official responsible for the loss of the applicant ’ s application form was disciplined (see paragraph 28 of the judgment). It follows further from the judgment that subsequent to the loss, prison officials provided the applicant with two new application forms (idem). The original application form with its attachments could not be recovered.

No further individual measure thus appears to be possible.

II. General measures

The facts underlying the case represented an isolated incident of negligence. Current legislation and regulations provide for sufficient protection of the right of prisoners to send their communications to the European Court.

Thus, the 1995 Law “On Detention of Suspects and Persons Accused of Committing a Crime” provides that prisoners ’ complaints addressed, inter alia , to the European Court must be sent directly to the addressee in a closed envelope no later than the following working day. The right of prisoners to freely communicate with the European Court is also provided in a number of regulations, including: Rules of the Prison Regime in Pre-Trial Detention Centres (adopted by the Ministry of Justice on 14 October 2005); Internal Prison Regulations (adopted by Ministry of Justice on 3 November 2005); Administrative Regulations on the Methods of Examination of Prisoners ’ Complaints (adopted by the Ministry of Justice on 29 June 2012).

The judgment of the European Court was published and widely disseminated, including to the Federal Penitentiary Service (FSIN).

The Russian authorities consider that the general measures adopted will suffice to prevent similar violations. Accordingly, no further general measures are necessary.

III. Conclusions of the respondent State

The government considers that no individual measure is required, apart from the payment of the just satisfaction, that the general measures adopted will prevent similar violations, and that the Russian Federation has therefore complied with its obligations under Article 46, paragraph 1, of the Convention.