Постановление Европейского суда по правам человека от 17.06.2010 «Дело Щербаков (Shcherbakov) против России» [англ.]

he claimed lost earnings and legal costs.
27. On 7 February 2003 the Regional Court partly granted the applicant's claims and awarded him 442,962.41 roubles (RUB, approximately 12,900 euros (EUR)) in lost earnings for the period of his prosecution from May 1995 to July 2002 and three subsequent months. The amount was to be paid by the Ministry of Finance. The court established that the applicant's wife had borne all the legal costs in connection with the criminal proceedings against him and dismissed the applicant's claims in that respect. It advised the applicant that it was open to his wife to apply to the courts of ordinary jurisdiction to recover legal costs. By the same decision the court dismissed the rest of the applicant's claims as unfounded.
28. On 6 May 2003 the Supreme Court upheld this decision on appeal.
29. According to the applicant, the decision of 7 February 2003, as upheld on 6 May 2003, was enforced shortly after it had become final.

2. Proceedings for non-pecuniary damages
before the Zarechenskiy District Court

30. In July 2003 the applicant lodged with the Zarechenskiy District Court of Tula ("the District Court") a civil action for non-pecuniary damages in connection with his unlawful prosecution and detention. He complained that he had been unlawfully held in detention without a court decision on the merits of the charges against him for 2,610 days. Moreover, he alleged that the courts had failed to examine his complaints about unlawfulness of his detention and the fact that his case had been on several occasions remitted for an additional investigation.
31. The applicant further complained that the conditions of his detention had been appalling. He described in detail the measurements of the cells in which he had been detained and claimed that they had been overcrowded, that he had been afforded less than 1.1 sq. m. of personal space and had had to take turns to sleep. He further described in detail other conditions of his detention which he considered degrading and humiliating. The applicant stressed that the Court had found a violation of Article 3 on account of inhuman and degrading conditions of detention in the Kalashnikov case. He submitted that the appalling conditions of pre-trial detention in that case had not been an isolated situation and referred to the Government's admissions that "...for economic reasons, conditions of detention in Russia were very unsatisfactory and fell below the requirements set for penitentiary establishments in other member States of the Council of Europe".
32. The applicant also submitted that his unlawful prosecution and that he had been charged with particularly serious crimes had caused him mental and emotional suffering. The applicant finally noted that his suffering had been aggravated by the fact that it had been impossible for him to communicate with his family and relatives and participate in the upbringing of his children. He claimed RUB 45,521,416 (approximately EUR 1,321,760).
33. By a judgment of 13 August 2004 the District Court examined and allowed the applicant's claims, ordering the treasury to pay the applicant RUB 783,000 (approximately EUR 22,735).
34. On 10 August 2004 the Civil Chamber of the Tula Regional Court (Судебная коллегия по гражданским делам Тульского областного суда) quashed the judgment on the parties' appeals and remitted the case to the first-instance court.
35. On 19 December 2005 the District Court again examined and allowed the applicant's claims. The introductory part of the judgment referred in detail to the applicant's submissions concerning the conditions of his detention. Then the court reasoned as follows:
"Pursuant to Section 1070 of the Civil Code, damage sustained by a citizen as a result of his unlawful conviction, criminal prosecution

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