He was awarded posthumously

The European Court of Human Rights satisfied the complaint of the now deceased activist of the art group "War" by Leonid Nikolaev (laziness). The lawyer Damir Gainutdinov reported this to the Franes.

The ECHR considered a violation of the too long stay of Nikolaev in custody in the case of the Palace Revolution of the Palace Revolutionary, then the corostiist was arrested for 3 months and 8 days. The court recognized the mother of Nikolaev by the applicant instead of the son’s tragically died in 2015. The ECHR ordered the Russian state to pay it 1300 euros compensation for non -pecuniary damage.

“Inheritance under Article 5 of the European Convention on the Protection of Human Rights and Freedom Freedom (the right to freedom and personal integrity. - Ed.) In the ECHR, it was a controversial issue, and not a well -established positive practice,” Gainutdinov noted, “therefore, the European court in the case of Leonid Nikolaev created a precedent.”

On September 16, 2010, Nikolaev and the leader of the War Oleg Vorotnikov (thief) held the Palace Revolution in St. Petersburg. During it, they turned several police cars turned over. In November of the same year, Nikolaev and Vorotnikov was arrested according to paragraph "b" of part 1 of Article 213 of the Criminal Code (hooliganism based on hatred or enmity).

Nikolaev filed a complaint with the ECHR in February 2011 , while still in jail. He stated that his arrest is illegal and unfounded, and the decision to extend the term of detention in jail was made before consideration of a cassation appeal on the choice of preventive measure.

At the end of February 2011, Nikolaev and Vorotnikov was released on bail 300 thousand rubles for each. On December 1 of the same year, the case against them was closed.

Subsequently, activists of the War burned a police car and went underground. In March 2013, it became known about the flight of Nikolaev, as well as Vorotnikov and his family to Italy.

Then, however, Nikolaev secretly returned to his homeland. He lived under a stranger and earned a living with physical labor. On September 22, 2015, Nikolaev fell from a height, sawing trees in the city of Domodedovo, Moscow Region, and died in intensive care. The activist was 31 years old.

In December 2015, after the death of Nikolaev, the ECHRCommunized his complaint . At the same time, there were no questions about the described violation, since it was typical of Russia and the Strasbourg court repeatedly pointed to the country's authorities. Russia was proposed to recognize a violation and voluntarily pay the requested compensation for the mother of the deceased.

The Commissioner of Russia in the ECHR, Georgy Matyushkin initially made a declaration of recognition of the violation, but in April 2016 withdrew it. He referred to the fact that even if the court continues the complaint, the mother of Nikolaev has no right to compensate for non -pecuniary damage. According to the official, such a right cannot be transferred to third parties, due to the fact that the suffering incurred by the applicant is closely related to his personality.

On June 8, the ECHR notified that he would continue the trial on the complaint of the late Nikolaev . As Gainutdinov then noted, the ECHR also previously adhered to the position that the right to compensation for violation of Article 5 of the European Convention is not inherited. The cases of such complaints with the death of the applicant were terminated. However, now, the lawyer noted, we can assume that the position of the Strasbourg court has changed. In any case, recently in a similar situation, a positive decision was made on a complaint from Romania, Gainutdinov explained.