Постановление Европейского суда по правам человека от 17.06.2010 «Дело Щербаков (Shcherbakov) против России» [англ.]

ecution, (b) legal costs.
(b) Compensation for non-pecuniary damages
45. Article 136 § 2 provides that monetary claims for compensation for non-pecuniary damage in connection with a person's criminal prosecution are brought before civil courts under the rules of civil procedure.

B. The Civil Code

46. Articles 151 and 1101 of the Civil Code provide that a person may claim compensation for non-pecuniary damage (physical and psychological suffering) sustained as a result of actions violating his or her personal non-pecuniary rights and interests. In assessing the amount of compensation to be awarded a court should take into account, in particular, the intensity of a person's physical and psychological suffering, his or her personal characteristics and the particular circumstances in which the harm was caused.
47. Under Articles 1070 and 1100 of the Civil Code, the State may be held liable for damage inflicted as a result of unlawful prosecution and detention irrespective of whether they occurred as a result of relevant officials' misconduct.
48. Articles 1069 and 1070 § 2 also provide that damage sustained by a person in connection with his unlawful prosecution and detention is recoverable from the Treasury of the Russian Federation.

C. Rules on the prison regime in pre-trial detention centres
(as approved by Ministry of Justice Decree
No. 148 of 12 May 2000)

49. Rule 42 provided that all suspects and accused persons in detention had to be given, among other things: a sleeping place, bedding, including one mattress, a pillow and one blanket; bed linen, including two sheets and a pillow case; a towel; tableware and cutlery, including a bowl, a mug and a spoon; and clothes appropriate to the season (if the inmate had no clothes of his own).
50. Rule 44 stated that cells in pre-trial detention centres were to be equipped, among other things, with a table and benches with a number of seating places corresponding to the number of inmates, sanitation facilities, tap water and lamps to provide day-time and night-time illumination.
51. Rule 46 provided that prisoners were to be given three not meals a day, in accordance with the norms laid down by the Government of Russia.
52. Under Rule 47 inmates had the right to have a shower at least once a week for at least fifteen minutes. They were to receive fresh linen after taking their shower.
53. Rule 143 provided that inmates could be visited by their lawyer, family members or other persons, with the written permission of an investigator or an investigative body. The number of visits was limited to two per month.

III. Relevant council of Europe documents

54. The relevant extracts from the General Reports of the European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment ("the CPT") read as follows:
Extracts from the 2nd General Report [CPT/Inf (92) 3]
"46. Overcrowding is an issue of direct relevance to the CPT's mandate. All the services and activities within a prison will be adversely affected if it is required to cater for more prisoners than it was designed to accommodate; the overall quality of life in the establishment will be lowered, perhaps significantly. Moreover, the level of overcrowding in a prison, or in a particular part of it, might be such as to be in itself inhuman or degrading from a physical standpoint.
47. A satisfactory programme of activities (work, education, sport, etc.) is of crucial importance for the well-being of prisoners... [P]risoners cannot simply be left to languish for weeks, possibly months, locked up in their cells, and this regardless of how good material conditions might be within the cells. The CPT considers that one should aim at ensuring that



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