PAVEL IVANOV v. RUSSIA DECISION
5
matters for regulation by national law and the national courts (see García
Ruiz v. Spain [GC], no. 30544/96, § 28, ECHR 1999-I).
In the present case the Court does not see any factor by which it can be
established that the applicant's right to a fair trial was infringed. The District
and Regional Courts gave their judgments at the end of adversarial
proceedings, in which the applicant was present and represented. The
applicant was able to expose the alleged shortcomings of the expert reports
commissioned by the prosecution and to submit all the observations and
arguments he deemed necessary. The courts assessed the credibility of the
evidence having regard to the applicant's submissions and gave reasons for
their findings. The mere fact that the applicant disagreed with the courts'
decisions does not suffice to conclude that the proceedings were not fair.
Furthermore, the Court reiterates that, according to its constant case-law,
Article 13 of the Convention applies only where an individual has an
“arguable claim” to be the victim of a violation of a Convention right (see
Boyle and Rice v. the United Kingdom, judgment of 27 April 1988, Series A
no. 131, § 52). The Court has found above that the applicant's complaint
under Article 10 was inadmissible, as incompatible ratione materiae with
the provisions of the Convention. Article 13 is therefore inapplicable to the
case.
It follows that this part of the application is manifestly ill-founded and
must be rejected in accordance with Article 35 §§ 3 and 4 of the
Convention.
3. The applicant also complained under Article 14 of the Convention
that he was discriminated against on account of his religious beliefs.
The Court reiterates that, in accordance with its established case-law,
Article 14 has no independent existence, since it has effect solely in relation
to the rights and freedoms safeguarded by the other substantive provisions
of the Convention and its Protocols (see, among many other authorities,
Gaygusuz v. Austria, no. 17371/90, § 36, ECHR 1996-IV). In the present
case the applicant's complaints under the substantive Convention Articles
were found inadmissible and, accordingly, there is no room for application
of Article 14.
It follows that the complaint under Article 14 must be rejected as being
incompatible ratione materiae with the provisions of the Convention,
pursuant to Article 35 §§ 3 and 4.
For these reasons, the Court unanimously
Declares the application inadmissible.
Søren NIELSEN
Registrar
Christos ROZAKIS
President