Постановление Европейского суда по правам человека от 14.05.2009 «Дело Алибеков (Alibekov) против России» [англ.]

ing which the Chamber may reject the claim in whole or in part".
72. On 20 January 2006 the Court invited the applicant to submit his claims for just satisfaction. He did not submit any such claims within the time allowed.
73. In such circumstances the Court would usually make no award. In the present case, however, it has found a violation of the applicant's right guaranteed by Article 3 of the Convention. Since this right is absolute in character, the Court finds it possible to award the applicant 3,000 euros (EUR) in respect of non-pecuniary damage, plus any tax that may be chargeable.
74. 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

1. Joins to the merits the Government's objection as to the exhaustion of domestic remedies, and rejects it unanimously;
2. Declares unanimously the complaints concerning the alleged ill-treatment and the failure of the domestic authorities to carry out an effective investigation admissible and the remainder of the application inadmissible;
3. Holds by six votes to one that there has been no violation of Article 3 of the Convention as regards the alleged ill-treatment;
4. Holds unanimously that there has been a violation of Article 3 of the Convention on account of the lack of an effective investigation into the applicant's complaints that he had sustained injuries in the colony;
5. Holds unanimously that it is not necessary to examine separately the applicant's complaint under Article 13 of the Convention;
6. Holds unanimously
(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 3,000 (three 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 14 May 2009, pursuant to Rule 77 §§ 2 and 3 of the Rules of Court.

Christos ROZAKIS
President

{Andre} WAMPACH
Deputy Registrar

In accordance with Article 45 § 2 of the Convention and Rule 74 § 2 of the Rules of Court, the partly dissenting opinion of Judge Spielmann is annexed to this judgment.

C.L.R.

A.M.W.

PARTLY DISSENTING OPINION OF JUDGE SPIELMANN

1. I agree with the conclusion finding a violation of Article 3 of the Convention on account of the lack of an effective investigation into the applicant's complaints that he sustained injuries in the prison colony.
2. However, I cannot share the majority's opinion that there was no violation of Article 3 in its substantive aspects as regards the alleged ill-treatment.

I. As to the factual circumstances of the case

3. According to the applicant, during the period of 1 to 7 August 2002 he was severely beaten on several occasions by members of the special unit, who had arrived in the colony to carry out searches of the cells (see paragraph 14 of the judgment). <*>
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<*> I would like to emphasise that this is not the first time that the Court has had to deal with operations conducted

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