Постановление Европейского суда по правам человека от 07.10.2010 «Дело Скачков (Skachkov) против России» [англ.]

wledgment of a violation would constitute sufficient just satisfaction
75. The Court observes that the applicant was detained for two years and eleven months in inhuman conditions. In these circumstances, the Court considers that the applicant's suffering and frustration cannot be compensated for by a mere finding of a violation. Making its assessment on an equitable basis, the Court awards the applicant the amount sought, namely EUR 10,000, in respect of non-pecuniary damage.

B. Costs and expenses

76. The applicant did not submit a claim for costs and expenses. Accordingly, the Court considers there is no call to award him any sum on that account.

C. Default interest

77. 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. Declares the complaint concerning the conditions of the applicant's detention between 25 March 2002 and 25 February 2005 in remand prison No. 77/2 in Moscow admissible and the remainder of the application inadmissible;
2. Holds that there has been a violation of Article 3 of the Convention on account of the conditions of the applicant's detention in remand prison No. IZ-77/2 in Moscow between 25 March 2002 and 25 February 2005;
3. Holds
(a) that the respondent State is to pay the applicant, within three months of 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 on 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.

Done in English, and notified in writing on 7 October 2010, pursuant to Rule 77 §§ 2 and 3 of the Rules of Court.

Christos ROZAKIS
President

{Soren} NIELSEN
Section Registrar






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