In the case of Boris Nemtsov appeared agreement
The alleged accomplice in the murder of opposition leader agreed to the ECHR, Deputy justice Minister.
As it became known “Kommersant”, the Deputy Minister of justice of Russia Georgy Matyushkin and the ECHR has entered into an agreement to pre-trial settlement, under which Russia voluntarily pays compensation to one of the accused in loud criminal case about murder of opposition leader Boris Nemtsov — to the Boy Eskerhanova.
For €6 thousand latter agreed to withdraw his complaint to the ECHR on the Moscow courts, too long not to consider his appeal, and on the staff of the Metropolitan detention center N6.
Eskerhanova example was followed by all his cronies.
Temirlan Eskerkhanov, as explained by “b” to represent its interests in the ECHR, the lawyer Rosa Magomedova, presented the Russian authorities with a dozen complaints. In the first place they touched, the Basmanny district court, which has for too long been appointed the complaints of the accused on arrest and its extension to the Moscow city court.
For example, the complaint accused the ruling on the extension of his detention, rendered on 25 November last year, according to him, could not be considered in Moscow city court 65 days, and to appeal against the same decision of the Basmanny court of 24 August last year Eskerhanova was only 110 days.See alsothe Prosecutor’s office reported about the disappearance of the witnesses in the case about the murder of Nemtsov
Meanwhile, every day spent by the Complainant under arrest, according to him, was to him almost hard labor. In a Moscow prison N6 “Printers”, as explained by the ECHR Eskerkhanov, he suffered from lack of such essential things, like fresh air, daylight and drinking water. He was always overflowing with people, the camera could not maintain his health through exercise and “to be alone even in the toilet”.
The complaint of the boy eskerhanova thanks to the efforts of the lawyer Magomedova was duly drafted, submitted to the ECHR and communicated to the court. However, before the discussion of the claims on the merits, it never came. In the situation in a timely manner interfered with the Deputy Minister of justice of Russia Georgy Matyushkin, representing our country in the ECHR and empowered to make decisions on behalf of her government.
“The Russian Federation recognizes that the existence Dukarevich Eskerkhanov were kept in isolators N6 and N1 (N1 in the SIZO “Matrosskaya Tishina” the prisoner two weeks was examined in the medical unit.— “B”), was in the building of the Basmanny court in Moscow and transported in conditions that do not meet the requirements of article 3 of the Convention on the protection of human rights and fundamental freedoms of the person”,— reads the statement of the Russian representative at the ECHR.
Mr. Matyushkin also recognized that the terms of consideration of complaints of Temirlan eskerhanova “did not meet” set forth in the Convention standards.
As “fair compensation for damages”, the Deputy Minister on behalf of the government of Russia proposed the ECHR to the Complainant of €6 thousand, which promised to pay in rubles at the exchange rate of the Central Bank of Russia within three months from the moment Eskerkhanov officially notified the court of their consent to the world.
Mr. Matyushkin also noted that compensation will not be taxed, and in the case of late payment, Russia Eskerhanova compensate for the delay, and as the benchmark discount rate will be taken by the European, not Russian Central Bank.
Mr. Matyushkin said “Kommersant” that pretrial settlement in cases of obvious violations of human rights — a longstanding standard practice. According to the ECtHR, from the moment of Russia’s accession to the Convention in 1998, it has concluded more than 80 agreements on pre-trial settlements with claimants.
According to Mr. Matyushkin, such procedures relieve the ECHR of the dam of similar cases, allowing the applicant faster to obtain satisfaction of its claim, and the state to save on the amount of compensation. At the same time Mr. Matyushkin said that “in General, the conditions of detention in prisons are now changing for the better”, and the remaining cases in Strasbourg are mostly associated with the previous period, since the complaints fall on consideration of the ECHR suspended.
As explained “Kommersant” the lawyer Magomedova, Temirlan Eskerkhanov and his family while pondering over the offer, the Deputy Minister Matyushkin, but it is likely to be taken by them.See alsothe court in the case of Nemtsov decided to call in for questioning Eremeeva fan
“In this case, their complaints in the above steps we will have to refuse, — explained “Kommersant” Ms. Magomedova.— However, we will continue to closely monitor the observance of the rights of his client and if they are violated, we turn again to the ECHR. In General, the conditions of detention of remand prisoners in jail, in my opinion, is so bad that complaining is the Foundation of almost every one of them.”
Note that the example eskerhanova appealed to the ECHR and the other four defendants in the case about the murder of Mr. Nemtsov, including the alleged killer Zaur Dadaev. According to sources, “b”, their complaint is written like a blueprint, so they can count on pre-trial payment.
In turn, the source “b” FSIN called the claims Temirlan eskerhanova “unfounded.” According to him, in every cell of any one of the Moscow jail in addition to taps with hot and cold water tank for drinking water. Again, each camera is equipped not only exhaust like the apartments, but additional ventilation.
All of the capital inmates have a right to a daily walk in the courtyard of the prison, in detention facilities operated gyms and norms of the illumination they regularly check the CPS.
The subject of special pride of the FSIN, he said, was “ensuring the privacy of the defendants at the time of departure of the natural needs” — a few years ago the heads of all without an exception the Russian prison ordered to replace wall partitions in the toilets on the main walls from floor to ceiling.
How justified are the claims of Temirlan eskerhanova, the set is now unlikely, but it is worth noting that the “humiliating conditions”, the truth in the detention center, complained earlier and the opposition leader Boris Nemtsov, who was killed by the killer in the heart of Moscow in February of last year. Once in the police after holding an unsanctioned rally on 31 December 2010 after serving administrative detention for two days, the politician wrote a complaint to the ECHR, demanding compensation from Russia in the amount of €50 thousand, the Court upheld his claim, considering, however, the cost experienced by the vendor “suffering” at half the price.
Sergei Mashkin; Anna Pushkarskaya, St. Petersburg