THIRD SECTION
DECISION
Application no. 24728/12
Vadim Nikolayevich ZAKHARCHENKO
against Russia
The European Court of Human Rights (Third Section), sitting on 4 July 2017 as a Committee composed of:
Luis López Guerra, President,
Dmitry Dedov,
Jolien Schukking, judges,
and Fatoş Aracı, Deputy Section Registrar,
Having regard to the above application lodged on 31 December 2011,
Having regard to the observations submitted by the parties,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
The applicant, Mr Vadim Nikolayevich Zakharchenko, is a Russian national, who was born in 1971 and lives in Naberezhnyye Chelny. He was represented before the Court by Ms R. Shakirova, a lawyer practising in Kazan.
The Russian Government ("the Government") were represented initially by Mr G. Matyushkin, the Representative of the Russian Federation to the European Court of Human Rights, and then by his successor in that office, Mr M. Galperin.
The applicant complained, in particular, under Article 3 of the Convention about poor conditions of his detention, from 24 to 28 June 2005, in a cell for administratively arrested persons at the police station of the Central District of Naberezhnyye Chelny. He also argued under Article 13 of the Convention that he did not have an effective remedy to complain about the inadequate conditions of detention.
These complaints were communicated to the Government and the remainder of the application was declared inadmissible pursuant to Rule 54 § 3 of the Rules of Court.
THE LAW
The Court reiterates that the applicant complained about the detention conditions for four days in June 2005 and also argued that he had not had any effective remedies in this regard. The Court further reiterates that in the absence of an effective remedy for that grievance, the complaint about inadequate conditions of detention should have been introduced within six months of the last day of the applicant’s detention (see Markov and Belentsov v. Russia (dec.), nos. 47696/09 and 79806/12, 10 December 2013; Norkin v. Russia (dec.), no. 21056/11, 5 February 2013; and Karnaushko and Others v. Russia (dec.) [Committee], no. 17500/10, 15 December 2016).
The applicant’s detention ended on 28 June 2005. However, the applicant only lodged his application before the Court on 31 December 2011, that is more than six months after the end of the detention.
It follows that the application was submitted too late and that it therefore is inadmissible for non-compliance with the six-month rule set out in Article 35 § 1 of the Convention, and must be rejected pursuant to Article 35 § 4 of the Convention.
For these reasons, the Court, unanimously,
Declares the application inadmissible.
Done in English and notified in writing on 27 July 2017.
Fatoş AracıLuis López Guerra
Deputy RegistrarPresident
Full & Egal Universal Law Academy