Communicated on 9 April 2014
FIRST SECTION
Application no. 3619/06
Aleksandr Vladimirovich CHUMAKOV
against Russia
lodged on 17 November 2005
STATEMENT OF FACTS
The applicant, Mr Aleksandr Vladimirovich Chumakov, is a Russian national, who was born in 1961 and lives in Tyumen.
The circumstances of the case
The facts of the case, as submitted by the applicant, may be summarised as follows.
On 21 May 2002 investigator D. of a local prosecutor’s office refused to bring criminal proceedings against third persons upon the applicant’s request.
The applicant brought a defamation action against D., arguing that the decision of 21 May 2002 contained certain false information about the applicant, and claiming compensation of non-pecuniary damage.
On 27 December 2004 the Leninskiy District Court of Tyumen held that the claim should be examined within criminal, rather than civil, proceedings. On 28 February 2005 the Tyumen Regional Court upheld the decision on appeal.
On 4 August 2005 the same district court held that the claim could not be examined within criminal proceedings. On 20 September 2005 the Tyumen Regional Court endorsed the lower court’s findings, found that the claim was to be lodged within civil proceedings and discontinued the examination of the case.
COMPLAINT
The applicant complains under Articles 6 and 13 that the mutually exclusive decisions of the domestic courts undermined his right of access to a court.
QUESTION TO THE PARTIES
1. As regards the domestic courts’ refusal to examine the applicant’s defamation claim, was there a violation of the applicant’s right of access to a court guaranteed by Article 6 § 1 of the Convention?
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