Постановление Европейского суда по правам человека от 08.01.2009 "Дело "Алексеенко (Alekseyenko) против Российской Федерации" [рус., англ.]

9;s allegations.
99. From the case file it is clear that these interviews directly concerned the applicant's allegations about the control of his correspondence with the Court and nothing in the transcripts of these interviews suggests that the applicant was in any way intimidated or threatened. Moreover, by contrast, for example, with the case of Popov v. Russia, No. 26853/04, § 250, 13 July 2006, the officials in questions did not represent the prison authority concerned but rather acted on behalf of the competent supervisory bodies, the respective departments of the Ministry of Justice and the Regional Prosecutor's Office.
100. Even despite a difference between the applicant's statements given on 12 October 2004 to the officials of the Ministry of Justice, in which he had "no complaints, claims against the prison administration" and had no "claims concerning the receipt and dispatch of correspondence to and from the European Court of Human Rights", and his subsequent statements to the officials of the Regional Prosecutor's Office dated 14 October 2004 and 20 - 21 January 2005 in which the applicant complained extensively and in great detail, in the Court's view there is insufficient factual basis to enable it to conclude that any undue pressure or any form of coercion was put on the applicant during the first or subsequent interviews.
101. In the light of the above facts and considerations, the Court finds that an alleged breach of the State's obligation under Article 34 of the Convention has not been established.

IV. Application of Article 41 of the Convention

102. 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. Non-pecuniary damage

103. The applicant claimed 50,000 euros (EUR) in compensation for non-pecuniary damage sustained.
104. The Government did not submit any comments in this respect.
105. The Court observes, as stated above, that the Presidium of the Supreme Court amended the applicant's conviction in his absence and failed to notify him of the hearing. It also finds that the applicant's correspondence with it was censored and that the prison authority failed to deliver some of the Court's letters sent to the applicant. The Court considers that the applicant indisputably sustained non-pecuniary damage, which cannot be compensated solely by a finding of a violation. Deciding on an equitable basis, it awards him EUR 3,000 for non-pecuniary damage, plus any tax that may be chargeable on this amount.

B. Default interest

106. 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. Holds that there has been a violation of Article 6 § 1 of the Convention;
2. Holds that there has been no violation of Article 8 of the Convention on account of the authorities' alleged failure to dispatch the applicant's mail and decides that it need not examine the Government's preliminary objection in connection with this complaint;
3. Dismisses the Government's preliminary objection in respect of the complaints under Article 8 of the Convention about the applicant's incoming mail and holds that there has been a violation of Article 8 of the Convention in connection with the prison authority's failure to deliver some of the Court's letters;
4. Dismisses the Governmen

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