КОПИЯ. 02.06.2009г     № 84                                                                          Президенту России Медведеву Д.А.

     Г-н Медведев! Я более года безуспешно пытался заставить Вас выполнить требования Европейской Конвенции о защите прав человека и Конституции России о гарантиях соблюдения прав человека и гражданина, гарантированных ими, направив на Ваше имя почти 100 обращений, которые Вами оставлены без ответа, что свидетельствует о Вашем не желании выполнять клятву, данную при вступлении в должность Президенте: «уважать и охранять права и свободы человека и гражданина, соблюдать Конституцию».

     Я обещал Вам, Федеральному Собранию и т.д., что о Ваших преступлениях в отношении Европейской Конвенции, Конституции и прав человека, гарантированных ими, будет предоставлена информация Совету Европы и ПАСЕ. Я свое обещание выполнил, и направляю Вам копию обращения к Комиссару по правам человека Совета Европы. Естественно, после выборов, копия этого Обращения будет направлена в Комитет по правам человека ПАСЕ, а также правительствам и парламентам стран членов Совета Европы. Делайте выводы г. Медведев!!!

     02.06.2009г              А. Олейников

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КОПИЯ: ----- Original Message ----- From: amo To: T. Hammarberg- commissioner  Cc: Президиум В.Суда ; ВСуд Лебедев ; Госдума-Грызлову ; Миронов ; СовФедер ; "Интернет-приемная" ГП

Sent: Tuesday, June 02, 2009 8:13 AM

Subject: Deliberate disregard the rights defended of European Convention by Russians authorities

                                                                                    To:     Thomas Hammarberg - Commissioner for

   June 2, 2009                                                                              Human Rights on Council of Europe

   About deliberate disregard the rights,                   Cc: President of Russia Medvedev, the Federal Assembly

 defended of European Convention                           of Russia, the Chairman of the Supreme Court Lebedev,

 by authorities of Russian Federation                        the Prosecutor General Chayka, AS/JUR of PACE    

 

                                              Mr. Commissioner!

I dare say the Commissioner for Human Rights is obliged to know, that the authorities of Russian Federation do not recognize currents rules to European Convention for the Protection of Human Rights and do not abide the rights to a fair trial and to an effective remedy guaranteed by the requirements of the articles 6, 13 Convention.

The violation of the requirements of the articles 14, 17 Convention is the daily norm of fulfillment of authorities by government bodies and their officials.

If the violations commit the officials of government bodies, it’s absolutely impossible to exercise rights to a fair trial (§ 1 article 6) and an effective remedy (article 13).

The courts do not recognize inviolability of the right to a judicial recourse and right to a fair trial (§ 1 article 6) if the offences are accomplished by the officials of government bodies. The fitting of the officials is the argument to refusal in access to justice or to wittingly illegal sentencing. Reviewing authority does not enable revision of illegal decisions of the trial courts. The judges of all courts frankly impudently violate the requirements of the articles 14, 17 Convention and don’t allow the revising of such cases. For example, the Chairman of the Supreme Court Lebedev will thrown out in an urn for waste the reviving petition to the wittingly illegal decision and petitions to breach of law on the reference to justice, as there are state bodies, which one supervise a regularity of application of the existing legislation by the judges and courts.

The structure government bodies of Russia don’t have a government body or official that deputed to supervise the observance of the right to an effective remedy (article 13). A government bodies (President of Russia, the Office of Prosecutor General, the Commissioner for human rights end others) don’t want to discharge ones obligations protection of the crimes victims of the judiciary and courts.   

I experienced deliberate and impudent violation of human rights guaranteed by the Convention (§ 1 article 6, articles 13, 14, 17) by authorities (including the President of Russia).

I undertake unsuccessful endeavor to take use of the right to an effective remedy (article 13) because of violation of right to a fair trial (§ 1 article 6) and requirements of the articles 14, 17 Convention already more than 6 years.

The authorities refused me in granting of the unemployed status in October 2002 in view of absence of the court decision that verifying lawfulness of dismissal. I was compelled to address to court, especially as the dismissal was really illegal.

It is notoriety that the employee can’t have 5 unused annual leave, that the vacation privilege is indefeasible right, that the days of vacation are added to seniority and that the employer is obliged to fulfill conditions of the labour contract. I could not think that the courts would be able to render the certainly illegal decisions, as the facts of commission of the offences were obvious in view of the notoriety. I could not imagine that the official capacity of the employer can cause to render the certainly illegal decisions. I could not imagine that regional and Supreme Court would be able to deny the reversal of the certainly illegal decisions of the trial courts.

I could not imagine that the peace judge (minor court) would be able to consider the case which is out of its jurisdiction; that the this judge would be able to revise the decisions of federal court; that the judge would need 3 years and 2 months to consider the case (a term - within a 10 days); that the decision can’t be executed and nobody is able to use it. I could not think that the judge of appeal court would be able to recognize this decision as legal, as the peace and federal judges have no right to revise the decisions of the federal judges.

        I could not think that the federal judge would be able to wait for 6 months till the moment when I couldn’t be in court, so that to consider the case by default and render the illegal decision, that the judge would transfer to the peace judge only in 2 years and 5 months. I could not imagine that the judge would be able to hide this decision for 2.5 months from me, so that I could not appeal to the court of cassation (regional court).

I could not imagine that these decisions would deprive me of right to work, to be unemployed, to be the retiree, i.e., that the authority would deprive me (de jure and de facto) of all rights to have legal sources to earn living maintenance, because of impossibility to use these decisions.   

I could not imagine that the judges of regional and Supreme Court would be able to deny reading of the supervisory petition about reversal of these certainly illegal decisions in the course of supervision. I could not think that the Chairman of the Supreme Court Lebedev would be able to throw the supervisory petition and others applications about violation of the rights to a fair trial and to an effective remedy to trash can, instead of bringing the cases to Presidium of the Supreme Court to revision in the course of supervision.

         I could not imagine that the President of Russia, members of Federal Assembly, Prosecutor General, Authorized for human rights, Constitutional Court, minister of the justice, the judges of regional and Supreme Court and other would be able to apply a forbidden ways (abuse of rights, discrimination) to deny the recovery of the right to use a 5 timely unaccorded leaves and more than 6 months of seniority for days of leaves. It’s well known to everybody (President of Russia, members of Parliament, judges, public prosecutors etc.) that the vacation privilege is inviolable, at that they use easily this right themselves. I did not expect that these and other officials risked to violate the guarantee of Constitution and laws of Russia and European Convention for the Protection of Human Rights about the Protection of a crimes victim and abuses of power, about of rights to a fair trial and to an effective remedy.

I have sent more than 1000 appeals and applications to the President of Russia, Prosecutor General, a members of Federal Assembly, courts etc. over the last 6 years that they’ve shelved without the answer. Having exhausted all internal potentialities, I was compelled to address to European Court of Human Rights in January 2008, which has accepted to consideration the case about deliberate disregard by Russian authorities of human rights guaranteed by articles 6 (1), 13, 14 and 17 European Conventions for the Protection of Human Rights.

However, the authorities of Russia intentionally preclude from consideration of this case by Court already over the year. Let’s agree that one year and three months is sufficient term to get the Russian official representative at European Court to meet the Rules of Court’s requirements about concluding an agreement of lawsuit, or discovery to Court of the documents ensuring consideration of case essentially. At that, it is everyone known from matter of case that the authorities can’t give to Court any vouchers, because they don’t exist at all.  I have sent to the President of Russia Medvedev, Prosecutor General Chayka, Chairman of the Supreme Court Lebedev, the Federal Assembly etc. about 100 appeals each while 2008 - 2009, where was offered to restore the disturbed rights not expecting decision of European Court, however, no any answer has been received.

I have attached copies of the documents of correspondence with authorities as the incontrovertible evidences of premises. It is a copy of the web site http://www.ravenstvo1.narod.ru that I support for public familiarization since September 2005 by coping of the appeals to authorities and obtained answers from them. The President of Russia Мedvedev and the Federal Assembly have received the same copy on CD-R disk in July, August 2008 and have kept without answer.

If my appeals to authorities contain any falsehoods about crimes of authorities, the authorities were obliged to institute criminal proceedings against me for false denunciation, however, General Prosecutor has not  given to me even warning, at that all of them ( beginning from the President of Russia) know about existence of the website.    

Mr. Commissioner! In my opinion, Council of Europe end the Committee on Legal Affairs and Human Rights of PACE does not give owing attention to the problem of unconditional observance by courts and judges of rights to an effective remedy (article 13), a reference to justice and to a fair trial (§1 article 6). Probably the Committee considers that all  judge and courts discharge obligation “bona fide”, as discrimination and abuse of rights are prohibited by the requirements of the articles 13 and 14 Convention. However, independent and impartial courts and judges (including Chairmen of the Supreme Court Lebedev and the Constitutional Court Zorkin) doesn’t really exist in Russia and a Presidents of Russia could not allow the independent and impartial courts and judges existence. For 6.5 years the requirements of the articles 14, 17 Convention violated over 1000 official establishment including: 79 judges (3- peaces, 21- federals, 38- regionally, 17- supreme, the Chairman of the Supreme Court Lebedev, vice-chairmen’s Serkov and Zuykov), 37 public prosecutors and Prosecutor General Chayka, all members of the Federal Assembly of Russia (since 20/09/2004), 13 worker of Ministry of Justice (including minister of justice and vice-minister Matjushkin), 17 official establishment of Administrations President of Russia and President of Russia Medvedev (ex-President Putin), etc. 

I asked European Court to send copy of my petition to Council of Europe and PACE, as these bodies have the right to demand the fulfillment of the obligation to respect human rights defined of the Convention from the President and Parliament of Russia. The authorities of Russia ratified the Convention over 10 years ago; however, they don’t take any measures to enforce the Conventions requirement and right defined in this Convention up to now. Per contra, the authorities (beginning from the President of Russia) break impudently the obligation to observe the Conventions requirement. Thus, the fact of acceptance of case to consideration by European Court has not forced the authority to take any action for recovery of the disturbed rights. Hundreds thousand citizens of Russia annually become sufferers because of discrimination and abuse of rights by the officials of government bodies and tens thousands of them are compelled to address to European Court, as the courts of Russia do not want to fulfill the Conventions requirement. 

I am sure, that Russia is alone of 47 States what ratified the Convention, which authorities so impudently upset the obligation to observe the Conventions requirement.

        Let’s agree, Council of Europe and PACE of cannot sleep and allows the authorities of Russia to continue to scoff at the requirements of the Convention and human rights guaranteed by it.

         I bear mockeries of authorities 7-th year, and, I shall use for protection of my rights only legal ways as against an authorities applying forbidden ways. However, tens thousand citizens of Russia will use for protection of the rights against abusing and crimes of authorities forbidden ways (citizens living in Northern Caucasus) and quantity of them grows.

         I dare say the Council of Europe is not interested that all citizens of Russia and other the State of Council of Europe apply per sample of Russia the forbidden ways to protect the human rights.

      

         Append Duplicate www.ravenstvo1.narod.ru.                        

 

         June 2, 2009                                       A. Oleynikov          

                                                                                                                             E-mail: amoasd@rambler.ru, ravenstvo1@yandex.ru. 

       PS. 1. Excuse please my English, as I did not study English.

   2. I promised to members Federal Assembly and President of Russia Medvedev what I to give this information to Council of Europe and PACE, and I redeemed this promise.