Постановление Европейского суда по правам человека от 30.07.2009 «Дело Владимир Федоров (Vladimir Fedorov) против России» [англ.]

88. 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. Decides to join to the merits the Government's objections as to the exhaustion of domestic remedies in respect of the applicant's complaint about ill-treatment in March 2003, in so far as those objections concern the applicant's failure to lodge a civil action and the fact that the criminal proceedings pertaining to his ill-treatment complaints are still pending, and rejects them;
2. Declares the complaint concerning the ill-treatment of the applicant by police officers and the ineffectiveness of the investigation into the incident admissible and the remainder of the application inadmissible;
3. Holds that there has been a violation of Article 3 of the Convention on account of the inhuman and degrading treatment to which the applicant was subjected on 12 and 13 March 2003 in the Rudnichniy District police station;
4. Holds that there has been a violation of Article 3 of the Convention on account of the authorities' failure to investigate effectively the applicant's complaint about the inhuman and degrading treatment to which he was subjected in the Rudnichniy District police station;
5. 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 10,000 (ten thousand euros) in respect of non-pecuniary damage, to be converted into Russian roubles at the rate applicable at the date of settlement, plus any tax that may be chargeable on that amount;
(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;

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

Nina {VAJIC}
President

{Soren} NIELSEN
Registrar

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