Resolution CM/ ResDH (2011)30 [1]

Execution of the judgment of the European Court of Human Rights

Nurmagomedov against Russian Federation

(Application No. 30138/02, judgment of 07 June 2007, final on 07 September 2007)

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 referred to as “the Convention” and “the Court”);

Having regard to the judgment transmitted by the Court once it had become final;

Recalling that the violation of the Convention found by the Court in this case concerns an interference with the applicant ’ s right of individual petition due to the refusal by prison authorities to forward his letter to the European Court (violation of Article 34) (see details in Appendix);

Having invited the government of the respondent state to inform the Committee of the mea s ures taken in order to comply with Russian Federation ’ s obligation under Article 46, paragraph 1, of the Conve n tion to abide by the judgment;

Having examined the information provided by the government in accordance with the Committee ’ s Rules for the application of Article 46, paragraph 2, of the Convention;

Having satisfied itself that, within the time-limit set, the respondent state paid the a p plicant the just satisfaction provided in the judgment (see details in Appendix),

Recalling that a finding of violations by the Court requires, over and above the payment of just satisfaction awarded by the Court in its judgments, the adoption by the respondent state, where appropriate:

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

- of general measures, preventing similar violations;

DECLARES, having examined the measures taken by the respondent state (see Appendix), that it has exe r cised its functions under Article 46, paragraph 2, of the Convention in this case and

DECIDES to clos e the examination of this case.

Appendix to Resolution CM/ ResDH (2011)30

Information about the measures to comply with the judgment in the case of

Nurmagomedov against Russian Federation

Introductory case summary

The case concerns the refusal by the administration of a correctional colony to forward the applicant ’ s letter (application form) to the European Court in May 2002. This refusal was allegedly grounded on the applicant ’ s previous failure to submit the complaint made in his letters to domestic authorities. The European Court found that by this refusal the domestic authorities attempted to discourage or even prevent the applicant from pursuing a remedy under the Convention.

I. Payment of just satisfaction and individual measures

a) Details of just satisfaction

Pecuniary damage

Non-pecuniary damage

Costs and expenses

Total

-

500 EUR

250 EUR

750 EUR

Paid on 03/12/2007

b) Individual measures

The Court awarded just satisfaction in respect of the non-pecuniary damage incurred as a result of the violation found. No further individual measures appear to be necessary.

II. General measures

This case presents similarities to that of Poleshchuk (No. 60776/00, judgment of 7 October 2004, Final Resolution CM/ ResDH (2008)19). Although the Poleshchuk case concerned a violation of the applicant ’ s right of individual petition on account of the prison authorities ’ censorship of his letters to the European Court in pre-trial detention centre, the measures adopted by the Russian authorities following this case are also applicable to persons detained in correctional colonies. It is noted in this respect that the European Court welcomed the adoption of these measures by the Russian authorities in its present judgment.

The European Court in particular mentioned that on 8 December 2003 the Penal Code was amended so as to discontinue the censorship of correspondence with the Court. Furthermore, by circulars of 23 October 2001 and 21 November 2003, colony officials had been reminded of their duty to ensure compliance with the right of detainees to lodge applications with the Court. The Court also noted that these developments occurred after the interference with the applicant ’ s right to individual petition (see §§ 54 and 55 of the judgment).

Article 91 § 2 of the Penal Code, as amended on 8 December 2003, as well as Rule 53 of the Internal Regulations of Correctional Facilities adopted on 3 November 2005 by Decree No. 205 of the Russian Ministry of Justice, provide that correspondence with the European Court of Human Rights is not subject to censorship.

Moreover, the judgment delivered in the Nurmagomedov case was sent out to the Prosecutor General ’ s Office, Presidents of the Supreme Court, Constitutional Court and Plenipotentiary Representative of the President of the Russian Federation in the Central Federal Circuit, and was also disseminated amongst the regional departments of the Federal Penitentiary Service and amongst the regional prosecutors.

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 thus complied with its obligations under Article 46, paragraph 1, of the Convention.

[1] Adopted by the Committee of Ministers on 10 March 2011 at the 1108th Meeting of the Ministers’ Deputies