Human Rights Issues in Eurasia / Правовые Вопросы В Регионах Евразии

Archive for October 2nd, 2010

Remedy Adopted By Russia Has To Be Exhausted Before Applying To ECHR

Posted by Info on 02/10/2010

Nagovitsyn and Nalgiyev v. Russia
(application nos. 27451/09 and 60650/09)

Fakhretdinov and Others v. Russia
(application nos. 26716/09, 67576/09 and 7698/10)

Applications inadmissible

The Court observed that the new domestic remedy was available to the applicants
: their complaints concerned either the length of proceedings or non-enforcement of domestic judgments ordering monetary payments by the State authorities and were thus covered by the new Compensation Act. The applicants’ possible claims under the Compensation Act were not time-barred, given notably that the transitional provisions of the Compensation Act allowed the new remedy to be applied to cases brought before the Court before the Compensation Act had entered into force and in which the Court had not yet ruled on admissibility. The Court noted that some of the applicants have already made use of the new remedy…..
The Court concluded that the applicants were required to exhaust the new domestic remedy by pursuing proceedings before the Russian courts and declared their applications in those cases inadmissible.

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