Постановление Европейского суда по правам человека от 29.01.2009 «Дело Малтабарь и Малтабарь (Maltabar and Maltabar) против России» [англ.]

doubt" that the applicants endured any distress and hardship during their transportation to the District and Regional Court and their detention in the courthouse premises capable of attaining the minimum level of severity sufficient to bring the complaint within the scope of Article 3 of the Convention.
98. Accordingly, there has been no violation of Article 3 of the Convention in this respect.

III. Application of Article 41 of the Convention

99. 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

100. The applicants claimed 66,000 and 33,000 euros (EUR) respectively in respect of non-pecuniary damage.
101. The Government considered the applicants' claims unsubstantiated and excessive.
102. Making its assessment on an equitable basis, the Court awards the applicants EUR 3,000 each under this head, plus any tax that may be chargeable.

B. Default interest

103. 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. Dismisses the Government's preliminary objection;
2. Declares the complaint concerning the events in the local police station on 15 December 2000 inadmissible on account of the applicants' failure to comply with the six-month rule;
3. Holds that there has been a violation of Article 3 of the Convention on account of the appalling conditions of the applicants' detention in facility No. IZ-69/1 between 16 December 2000 and late July 2001;
4. Holds that there has been no violation of Article 3 of the Convention on account of the conditions of the applicants' transportation to and from the courthouse pending the criminal proceedings against them;
5. Holds
(a) that the respondent State is to pay each 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;
(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;
6. Dismisses the remainder of the applicants' claim for just satisfaction.

Done in English, and notified in writing on 29 January 2009, pursuant to Rule 77 §§ 2 and 3 of the Rules of Court.

Christos ROZAKIS
President

{Soren} NIELSEN
Registrar

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