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European Court of Human Rights in Strasbourg passes decision in favour of Montenegro

Published date 28.09.2017 16:51 | Author PR Service

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Podgorica, Montenegro (28 September 2017) -- European Court of Human Rights in Strasbourg has issued a decision declaring the petition of Vladimir Andreevich Kolosov inadmissible before this court, in accordance with Article 35 §§ 1 and 4 of the European Convention on Human Rights.

Applicant, Mr Kolosov, is a Russian citizen, who in particular complained of several violations of the Convention rights under Articles 6, 8 and 13 of the Convention and Article 1 of Protocol No. 1 to the Convention, believing that his right to have access to the court, right to a fair trial and the right to unimpeded enjoyment of their property had been violated.

European Court of Human Rights accepted the Government's allegations made in its defence and found that in the present case the applicant had not been violated the right of access to the court, provided for in Article 6 of the Convention, finding that the decision of the High Court in Podgorica rejecting the applicant's appeal was not arbitrary and ill-founded, in which direction it declared the application manifestly ill-founded under Article 35 § 3 in conjunction with paragraph 4 of the Convention.

The court also found that there had been no violation of the right to a fair trial and the right to unhindered enjoyment of property, finding that Mr Kolosov had failed to file a complaint within the prescribed time-limit for the reason for which the Court dismissed his appeal in respect of the alleged violations in accordance with Article 35 paragraph 1 regarding paragraph 4 of the Convention for the non-exhaustion of domestic remedies.

Applicant has no right to appeal against this decision of the European Court.

Kolosov's decision against Montenegro was published today on the website of the European Court of Human Rights, and after being translated into the Montenegrin, it will be published on the website of the Supreme Court of Montenegro and in the Official Gazette of Montenegro.

Representative of Montenegro before the European Court of Human Rights Valentina Pavličić