nd convoy officers. He alleged that the length of the criminal proceedings and his pre-trial detention had been in breach of Article 3. The applicant also complained under Article 5 of the Convention about his detention until in April 2002. Lastly, he complained mainly under Article 6 of the Convention of a number of alleged irregularities, which, in his view, had made his trial unfair.
39. However, having regard to all the material in its possession, and in so far as these complaints fall within its competence, the Court finds that there is no appearance of a violation of the rights and freedoms set out in the Convention or its Protocols. It follows that this part of the application must be rejected as being manifestly ill-founded, pursuant to Article 35 §§ 3 and 4 of the Convention.
III. Application of Article 41 of the Convention
40. 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
41. Referring to the unfairness of his trial, the applicant claimed 10,000 euros (EUR) for each month of his detention since 5 March 2001 and EUR 300,000 in respect of non-pecuniary damage.
42. The Government contested these claims.
43. The Court first observes that the majority of the applicant's complaint has been declared inadmissible. It also observes that, besides being unsubstantiated, the first claim is not related to the violation found under Article 3 of the Convention. Having regard to the nature of the violation found and making its assessment on an equitable basis, the Court awards the applicant EUR 9,000 in respect of non-pecuniary damage, plus any tax that may be chargeable to the applicant.
B. Costs and expenses
44. The applicant claimed reimbursement of unspecified lawyers' fees and translation costs.
45. The Government contested the claims.
46. According to the Court's case-law, an applicant is entitled to the reimbursement of costs and expenses only in so far as it has been shown that these have been actually and necessarily incurred and are reasonable as to quantum. The applicant has not provided any documentary proof in support of his claims. The Court rejects them as unsubstantiated.
C. Default interest
47. 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 conditions of detention in Omsk remand centre No. 55/1 from March 2001 to June 2003 admissible and the remainder of the application inadmissible;
2. Holds that there has been a violation of Article 3 of the Convention;
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 9,000 (nine thousand euros), plus any tax that may be chargeable, in respect of non-pecuniary damage, to be converted into Russian roubles at the rate applicable on the date of settlement;
(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;
4. Dismisses the remainder of the applicant's claim for just satisfaction.
Done in Englis
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