Постановление Европейского суда по правам человека от 17.09.2009 «Дело Евдокимов (Yevdokimov) против России» [англ.]

vention.
18. The applicant took note of the Government's admission.
19. In the circumstances of the present case the Court finds no reason to hold otherwise. It therefore concludes that there has been a violation of Article 5 § 1 of the Convention on account of the applicant's detention from 31 March to 7 April 2005.

II. Other alleged violations of the Convention

20. The applicant complained under Article 3 that he had been ill-treated in police custody following his arrest, under Article 6 § 1 that the proceedings against him had been unfair and under Article 13 that the examination of his appeal against the judgment of 25 May 2004 had not been sufficiently thorough.
21. However, having regard to all the material in its possession, and in so far as these complaints fall within its competence, the Court finds that there is no appearance of a violation of the rights and freedoms set out in the Convention or its Protocols. It follows that this part of the application must be rejected as being manifestly ill-founded, pursuant to Article 35 §§ 3 and 4 of the Convention.

III. Application of Article 41 of the Convention

22. Article 41 of the Convention provides:
"If the Court finds that there has been a violation of the Convention or the Protocols thereto, and if the internal law of the High Contracting Party concerned allows only partial reparation to be made, the Court shall, if necessary, afford just satisfaction to the injured party."

A. Damage

23. The applicant claimed 50,000 euros (EUR) in respect of non-pecuniary damage.
24. The Government considered that the claim was unsubstantiated.
25. The Court accepts that the applicant suffered distress and frustration as a result of the delay in his release and that the non-pecuniary damage sustained would not sufficiently be compensated for by the finding of a violation of the Convention. However, the Court finds the amount claimed by the applicant excessive. Making its assessment on an equitable basis, it awards the applicant EUR 300 under this head, plus any tax that may be chargeable on that amount.

B. Costs and expenses

26. The applicant did not claim costs and expenses. Accordingly, there is no call to make an award under this head.

C. Default interest

27. The Court considers it appropriate that the default interest should be based on the marginal lending rate of the European Central Bank, to which should be added three percentage points.

FOR THESE REASONS, THE COURT UNANIMOUSLY

1. Declares the application admissible;
2. Holds that there has been a violation of Article 5 § 1 of the Convention;
3. Holds
(a) that the respondent State is to pay the applicant, within three months from the date on which the judgment becomes final in accordance with Article 44 § 2 of the Convention, EUR 300 (three hundred euros), plus any tax that may be chargeable, in respect of non-pecuniary damage, to be converted into Russian roubles at the rate applicable at the date of settlement;
(b) that from the expiry of the above-mentioned three months until settlement simple interest shall be payable on the above amount at a rate equal to the marginal lending rate of the European Central Bank during the default period plus three percentage points;
4. Dismisses the remainder of the applicant's claim for just satisfaction.

Done in English, and notified in writing on 17 September 2009, pursuant to Rule 77 §§ 2 and 3 of the Rules of Court.

Christos ROZAKIS
President

{Soren} NIELSEN
Registrar

> 1 2 3