CEDH · CASELAW;CLIN;ENG — 14 octobre 2010

.s3ABFC313 { font-size:10pt } .sEB86A30B { margin-top:0pt; margin-bottom:14pt; page-break-after:avoid } .sBB9EE52A { font-family:Arial } .sA241FE93 { margin-top:0pt; margin-bottom:18pt; text-align:justify; page-break-after:avoid; border-bottom:0.75pt solid #000000; padding-bottom:1pt } .s2EF62ED2 { margin-top:0pt; margin-bottom:0pt; font-size:12pt } .s4DDA3AA3 { font-family:Arial; font-weight:bold; font-style:italic } .s29100277 { font-family:Arial; font-weight:bold } .s32563E28 { margin-top:0pt; margin-bottom:0pt } .s8F2B0B1B { margin-top:12pt; margin-bottom:12pt; page-break-after:avoid; font-size:12pt } .sA36B60A1 { font-family:Arial; font-style:italic } .s5F48796F { margin-top:12pt; margin-bottom:0pt; text-align:justify } .s5CB9E8AB { margin-top:12pt; margin-bottom:0pt; text-align:justify; border-bottom:1pt solid #000000; padding-bottom:1pt } .sDF790F1E { margin-top:12pt; margin-bottom:0pt; text-align:center } .s7ED160F0 { text-decoration:none } .s3DC36BA9 { font-family:Arial; text-decoration:underline; color:#0069d6 } Information Note on the Court’s case-law No. 134 October 2010 Naydyon v. Ukraine - 16474/03 Judgment 14.10.2010 [Section V] Article 34 Hinder the exercise of the right of petition Authorities’ refusal to provide imprisoned applicant with copies of documents required for his application to the Court: violation   Facts – A regional court of appeal refused to provide the applicant, who was serving a prison sentence, with copies of documents he had requested in connection with his application to the European Court, on the ground that, following the completion of the proceedings, it was under no obligation to send copies of documents from case files, except for court decisions. Law – Article 34: The Court took note of the applicant’s specific situation at the time he had lodged and pursued his present application. In particular, the criminal proceedings against him had been completed and the case file was kept at the trial court. Since he was in prison, the applicant could not consult the file himself. He had no contact with his family and only limited contact with the outside world. The applicant’s property had been confiscated following his conviction and he had no source of income. No legal aid was available to him. Therefore, to complete his present application, the applicant had been dependent on the authorities. However, they had not taken into account his specific situation. Despite the fact that he had clearly stated that he needed the copies in connection with his application to the Court, his requests had been refused. As a result, the Court had had to ask the Government to provide the documents concerned. Even though the Government had now submitted the documents, this did not preclude the Court from ruling on the issue arising under Article   34. In the present circumstances, the authorities’ failure to ensure the applicant was provided with a possibility of obtaining copies of documents he needed to substantiate his application had amounted to an unjustified interference with his right of individual petition. Conclusion : violation (unanimously).   © Council of Europe/European Court of Human Rights This summary by the Registry does not bind the Court. Click here for the Case-Law Information Notes