1. Дело заявителя отличается от целого ряда более ранних дел, в которых Суд был готов рассматривать вопрос о конфискации имущества.

2. Однако в данном деле было два отличия.

3. Во первых, так и не было показано, что заявитель обладал имуществом, происхождение которого он не мог адекватно объяснить.

4. «Конфискация» вследствие осуждения подсудимого неприменима в отношении имущества, владение которым со стороны данного лица не установлено.

5. Во-вторых, ордер на конфискацию имеет отношение к тем самым преступлениям, по которым заявитель был оправдан.

(g) Give Russian equivalents to the following sentences:

1) The applicant's case was distinguished from a number of earlier cases in which the Court had been prepared to consider confiscation proceedings following on from a conviction as part of the sentencing process and therefore beyond the scope of Article 6 (2). 2) The features common to those cases were that the applicants have been convicted of drugs offences; that they continued to be suspected of additional drugs offences and demonstrably held assets whose provenance could not be established; 3) If it was not found beyond reasonable doubt that the person concerned had actually committed the crime, and if it could not be established as fact that any advantage, illegal or otherwise, had actually been obtained, such a measure could only be based on a presumption of guilt. 4) Since the court of appeal's finding went beyond the voicing of mere suspicion, the applicant's guilt had been determined without his having been «found guilty according to law».

ANSWER THE QUESTIONS AND MAKE A BRIEF SUMMARY OF THE TEXT:

1. What is case IV about?

2. What kind of and how many offences had been heard in courts?

3. Which of the court or judge measures were qualified as «violation»? Why?

4. Which of the court or judge measures were qualified as «no violation»? Why?

5. What was the European Court of Human Rights final decision?

6. What is your opinion about what had happened?

7. What do you think about the European Court's conclusion?

8. What would be your final judgment if you were an EC judge?

C ase V. INHUMAN OR DEGRADING TREATMENT

COUNCIL OF EUROPE. EUROPEAN COURT OF HUMAN RIGHTS. Information note № 95 on the case-law of the Court, March 2007, Pages 8—9.

FACTS. HANDCUFFED IN PUBLIC

(a) Study the text below, making sure you fully comprehend it:

The applicant, who had been employed as a doctor by the Istanbul security police for 15 years, was arrested by police officers in the car-park outside his workplace. He was handcuffed in public and subsequently exposed in handcuffs in front of his family and neighbours when searches were carried out at his home and place of work. He was then held at police custody at his workplace, where staff could see him handcuffed, but was not informed of the charges against him. Two days after his release a psychiatrist diagnosed him as suffering from traumatic shock and certified him unfit for work for 20 days. His sick leave was extended several times on account of acute depression. The applicant had filed a complaint and was informed that he had been interrogated in connection with a criminal investigation because of his relations with suspects. He was suspended from his duties until the close of the criminal investigation. The prosecuting authorities discontinued the case against the applicant. He was reinstated in his post but was unable to work on account of aggravated psychosomatic symptoms. He was retired early on health grounds and has been treated several times in a hospital neuropsychiatry department.

Notes:

prosecuting authorities	прокуратура
to discontinue	прекращать дело, приостанавливать процесс судопроизводства (по какому-либо делу)
to reinstate	восстанавливать (в прежнем положении, в правах; in, to)
to aggravate	отягчать, усугублять; ухудшать; обострять, углублять, усиливать
on health grounds	по причине плохого здоровья, (основание, мотив)
disorder	нарушение, расстройство (какой-либо функции организма)
unfit for work	нетрудоспособный
sick leave	отпуск/освобождение от работы/ по болезни; больничный лист
acute depression	острое угнетенное состояние, уныние; упадок сил; депрессия

(b) Read the text again and copy the sentences that meaen the following:

1. Ему несколько раз продлевали больничный лист по причине острой депрессии.

2. Заявитель направил жалобу и ему сообщили, что его допрашивали в связи с уголовным расследованием, поскольку он имел отношение к подозреваемым.

3. Его отстранили от исполнения служебных обязанностей до завершения уголовного расследования.

4. Прокуратура прекратила дело против заявителя.

5. Он был восстановлен в должности, но не смог работать по причине обострения психосоматических симптомов.

6. Он рано ушел на пенсию в связи с ухудшением здоровья и несколько раз лечился в невропсихиатрическом отделении больницы.

(c) Give Russian equivalents to the following sentences:

The applicant, who had been employed as a doctor by the Istanbul security police for 15 years, was arrested by police officers in the car-park outside his workplace. He was handcuffed in public and subsequently exposed in handcuffs in front of his family and neighbours when searches were carried out at his home and place of work. He was then held at police custody at his workplace, where staff could see him handcuffed, but was not informed of the charges against him. Two days after his release a psychiatrist diagnosed him as suffering from traumatic shock and certified him unfit for work for 20 days.

(d) Match the English expressions with their Russian equivalents in the table:

prosecuting authorities to discontinue to reinstate security police search

обыск восстанавливать (в прежнем положении, в правах) прекращать дело, приостанавливать процесс судопроизводства прокуратура служба безопасности

ANSWER THE QUESTIONS AND MAKE A BRIEF SUMMARY OF THE TEXT:

1. What happened in the text you have read in case V?

2. What was the applicant's post?

3. What happened with the applicant?

4. What did the police officers do?

5. What do you think about the actions of the police?

6. What do you think the law says about the situation?

LAW AND RELEVANT ARTICLES QUOTATIONS

(e) Study the text below, making sure you fully comprehend it:

Article 3. The applicant had had no history of psychopathology before being taken into police custody and there was no material in the file to suggest the existence of psychosomatic instability. He had explained in detail the humiliation that he had felt on being exposed wearing handcuffs publicly, at work in front of staff who had been his patients and around his home. In his case it could be reasonably assumed that there was a causal link between the treatment in question and the beginning of his psychopathological problems, which had been diagnosed two days after his release.

Successive medical reports had confirmed the fact that the applicant had sustained serious trauma following his period in police custody. He had particularly felt humiliated by his exposure to staff who had been his patients. His mental state had been irreversibly marked by the ordeal.

Moreover, on the date of his arrest, the applicant did not have a record that might have lead to fears for security and there was no evidence that he represented a danger for himself or for others or that he had committed criminal acts of self-destruction or violence against others. In particular the Government had given no explanation to justify the need for handcuffs in the present case.

In conclusion, the fact of exposing the applicant to public view wearing handcuffs at the time of his arrest and during the searches had been intended to arouse in him feeling of fear, anguish and inferiority capable of humiliating and debasing him and possibly breaking his moral resistance.

In the particular circumstances of the case, the obligation to wear handcuffs had constituted degrading treatment.

Conclusion: violation.

Article 41. EUR 2,000 for all damage.

Notes:

causal link	причинная связь
medical report	история болезни; медицинское заключение
sustained	длительный, непрерывный, продолжительный
mental state	психическое состояние
to mark	оставить след, пятно
ordeal	суровое испытание
record	документ, письменно зафиксированное свидетельство; письменное производство по делу
self-destruction	самоубийство; самоуничтожение
inferiority	чувство неполноценности
debasing	унижающий достоинство

(f) Read the text again and copy the sentences that contain the following phrases: