Selivanov v. Russia

THIRD SECTION

Application no. 14821/16 Viktor Valeryevich SELIVANOV against Russia

The European Court of Human Rights (Third Section), sitting on 15 February 2018 as a Committee composed of:

Luis López Guerra, President, Dmitry Dedov, Jolien Schukking, judges,

and Liv Tigerstedt, Acting Deputy Section Registrar,

Having regard to the above application lodged on 17 December 2015,

Having regard to the observations submitted by the respondent Government and the observations in reply submitted by the applicant,

Having deliberated, decides as follows:

FACTS AND PROCEDURE

The applicant, Mr Viktor Valeryevich Selivanov, was born in Maykop. He was represented by Mr A. Kiryanov, a lawyer practising in Taganrog.

The applicant’s complaints under Article 3 of the Convention concerning the inadequate conditions of detention during transport were communicated to the Russian Government (“the Government”).

THE LAW

In the present application, having examined all the material before it, the Court considers that for the reasons stated below, the complaint raised by the applicant under Article 3 of the Convention about poor conditions of his transport was submitted belatedly.

In particular, the Court notes that the applicant complained of the period of his transport which ended on 20 October 2013. At the same time, he only lodged his application with the Court on 17 December 2015. Therefore, and in the absence of effective domestic remedies for such complaints (see Idalov v. Russia (no. 2) , no. 41858/08, §§ 113-115, 13 December 2016), the application, which should have been lodged within six months after the end of the period of transport in those conditions, was lodged belatedly. It follows that it does not comply with the six-month rule set out in Article 35 § 1 of the Convention, and must be rejected pursuant to Article 35 § 4.

For these reasons, the Court, unanimously,

Declares the application inadmissible.

Done in English and notified in writing on 8 March 2018.

Liv Tigerstedt Luis López Guerra Acting Deputy Registrar President

APPENDIX

No.

Application no.

Date of introduction

Applicant name

Date of birth

Means of transport

Start and end date

Sq. m per inmate

Specific grievances

14821/16

17/12/2015

Viktor Valeryevich Selivanov

22/08/1975

van

01/10/2013 to

20/10/2013

0.325 m²

overcrowding