Постановление Европейского суда по правам человека от 30.09.2010 «Дело Пахомов (Pakhomov) против России» [англ.]

> 40. Article 281 of the new CCrP, in so far as relevant, reads as follows:
"1. Testimony previously given by a victim or witness during the preliminary investigation or at the trial may be read out... if the victim or witness fails to attend, subject to the parties' consent, save in cases listed in the second part of the present Article.
2. If a victim or witness fails to appear in court, the court may, at a party's request or on its own initiative, read out statements previously given by them in the following cases:
1) victim's or witness's death;
2) grave illness precluding attendance at a court hearing;
3) refusal by a victim or witness who is a national of a foreign State to attend a hearing when summoned by the court;
4) natural disaster or any other emergency case precluding attendance at a court hearing."

C. Right to rehabilitation following acquittal

41. The relevant provisions of the new CCrP read as follows:
Article 134. Acknowledgment of the right to rehabilitation
"1. A court in its judgment... acknowledges the right to rehabilitation for an individual who has been acquitted... At the same time the rehabilitated [person] should have explained to them the procedure for compensation for damage pertaining to criminal prosecution..."
Article 135. Compensation for pecuniary damage
"1. Compensation for pecuniary damage to a rehabilitated [person] includes:
1) salary, pension, allowances and other sources of income which he lost as a result of the criminal prosecution;
2) his property confiscated or seized by the State on the basis of the judgment by which he had been convicted...;
3) fines and legal costs and expenses which he paid in compliance with the court's judgment;
4) sums paid by him for provision of legal services...;
5) other expenses.
2. At any moment during the limitation period established by the Russian Civil Code and after the rehabilitated [person] received a copy of the judgment [by which he had been acquitted]... he has the right to apply to [the court which had issued the judgment] with a demand to compensate him damage...
...
4. No later than a month after the demand for compensation was received, the court... must determine its amount and issue a decision authorising the payment in compensation for that damage. That payment should take into account the inflation rate..."
Article 136. Compensation for non-pecuniary damage
"1. A prosecutor should give an official apology in the name of the State to the rehabilitated [person] for damage caused to him.
2. An action for compensation for non-pecuniary damage should be brought within civil judicial proceedings..."
Article 138. Restoration of other rights of a rehabilitated [person]
"1. Restoration of labour, pension, housing and other rights of a rehabilitated [person] should be performed in compliance with [the CCrP] established for execution of court judgments..."

III. Relevant international reports and documents

A. General health care issues

1. Recommendation Rec(2006)2
of the Committee of Ministers to member states
on the European Prison Rules, adopted on 11 January 2006
at the 952nd meeting of the Ministers' Deputies
("the European Prison Rules")

42. The European Prison Rules provide a framework of guiding principles for health services. The relevant extracts from the Rules read as follows:
"Health care
39. Prison authorities shall safeguard the health of all prisoners in their care.
Organisation of prison health care
40.1 Medical services in prison shall be organised in close relation with



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