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





comprehensive medical assistance in relation to his stage of tuberculosis.
56. Furthermore, the applicant did not deny that medical supervision had been provided and tests had been carried out, or that prescribed medicaments had been provided as stated by the Government. His allegation that the necessary liver-protective treatment was not given to him is not corroborated by any medical evidence that he ever required such treatment. He did not suggest, nor it can be seen from the medical documents submitted, that his liver was affected. The required operation on an inguinal hernia, which the applicant had been suffering from for about twenty years, was recommended only after his full recovery from tuberculosis.
57. As regards the applicant's complaint concerning a lack of necessary medicines in IK-3, the Court reiterates that the unavailability of necessary medicines may raise an issue under Article 3 if it has negative effects on the applicant's state of health or causes suffering of a certain intensity (see Mirilashvili v. Russia (dec.) No. 6293/04, 10 July 2007). The applicant failed to explain how he had been affected by the alleged shortage of medicines in the correctional colony, and the Court cannot conclude that his state of health was affected by a lack of certain medicines in the colony to an extent that caused him suffering reaching the level of severity to amount to inhuman or degrading treatment.
58. In view of the above considerations the Court finds 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. Other alleged violations of the Convention

59. The applicant further complained about inhuman and degrading conditions in several pre-trial detention facilities he had been kept in prior to his conviction. He also complained under Article 5 of the Convention that his pre-trial detention throughout the period between 2001 and 2002 had been unlawful. He finally complained under Article 6 §§ 1, 2 and 3 (b), (c) and (d) that a hearing in the course of criminal proceedings against him had been unfair.
60. The Court has examined the remainder of the applicant's complaints and considers that, in the light of all the material in its possession and in so far as the matters complained of are within its competence, they do not disclose any 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 should be declared inadmissible pursuant to Article 35 §§ 3 and 4 of the Convention.

IV. Application of Article 41 of the Convention

61. 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

62. The applicant claimed EUR 350,000 in respect of non-pecuniary damage allegedly caused by improper conditions of his detention in IK-3 and the prison hospital. He also claimed EUR 200,000 in compensation for the alleged violation of his right to a fair trial.
63. The Government suggested that a finding of a violation would constitute sufficient just satisfaction in the present case.
64. The Court accepts that the applicant suffered humiliation and distress because of the degrading conditions of his detention in the prison hospital. Making its assessment on an equitable basis, the Court awards the applicant EUR 2,000 in respect of non-pecuniary damage, plus any tax that may be chargeable on that amount.

B. Costs and expenses

65. Without mentioning a partic



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