Постановление Европейского суда по правам человека от 30.07.2009 "Дело "Гладышев (Gladyshev) против Российской Федерации" [рус., англ.]

on would constitute sufficient just satisfaction in the present case.
86. The Court firstly reiterates that the applicant cannot be required to furnish any proof of the non-pecuniary damage he sustained (see Gridin v. Russia, No. 4171/04, § 20, 1 June 2006). It further observes that it has found serious violations in the present case. The Court accepts that the applicant must have been caused humiliation and anxiety as a result of the ill-treatment and failure to investigate it properly, as well as the subsequent use of evidence obtained through ill-treatment at the trial. It considers that the applicant's suffering and frustration cannot be compensated for by a mere finding of a violation. Nevertheless, the particular amounts claimed appear excessive. Making its assessment on an equitable basis, the Court awards the applicant EUR 15,000 in respect of non-pecuniary damage, plus any tax that may be chargeable on that amount.
87. The Court further notes that in the present case, apart from finding a violation of Article 3 of the Convention, it has also found a violation of Article 6 § 1 of the Convention. It reiterates that when an individual has been convicted following proceedings that have entailed breaches of the requirements of Article 6 of the Convention, a retrial or the reopening of the case, if requested, represents in principle an appropriate way of redressing the violation (see {Ocalan} v. Turkey [GC], No. 46221/99, § 210, ECHR 2005-IV, and Popov v. Russia, No. 26853/04, § 264, 13 July 2006). The Court notes in this connection that Article 413 of the Code of Criminal Procedure of the Russian Federation provides for the reopening of criminal proceedings if a violation of the Convention has been established (see Shulepov v. Russia, No. 15435/03, § 46, 26 June 2008).

B. Costs and expenses

88. The applicant made no claim for costs and expenses. Noting that the applicant was paid EUR 850 in legal aid by the Council of Europe, the Court makes no award under this head.

C. Default interest

89. 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 complaints concerning the applicant's ill-treatment by the police, the ineffectiveness of the investigation into his allegations of ill-treatment and use at the trial of evidence obtained as a result of coercion admissible and the remainder of the application inadmissible;
2. Holds that there has been a violation of Article 3 of the Convention under its substantive and procedural limbs;
3. Holds that there has been a violation of Article 6 § 1 of the Convention;
4. 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 15,000 (fifteen thousand 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;
5. Dismisses the remainder of the applicant's claim for just satisfaction.

Done in English, and notified in writing on 30 July 2009, pursuant to Rule 77 §§ 2 and 3 of the Rules of Court.

Peer LORENZEN
President

Stephen PHILLIPS
Deputy Registrar

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