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

y damage, leaving the determination of the exact sum to the Court's discretion.
78. The Government submitted that these claims were unfounded and too vague.
79. The Court considers that the applicant must have sustained stress and frustration as a result of the violation found. Making an assessment on an equitable basis, the Court awards the applicant EUR 32,000 in respect of non-pecuniary damage, plus any tax that may be chargeable.

B. Costs and expenses

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

C. Default interest

81. 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

1. Declares unanimously the complaint concerning the conditions of detention in the detention facility in the town of Magadan admissible and the remainder of the application inadmissible;
2. Holds unanimously that there has been a violation of Article 3 of the Convention;
3. Holds by six votes to one
(a) that the respondent State is to pay the applicant, within three months from the date on which the judgment becomes final in accordance with Article 44 § 2 of the Convention, EUR 32,000 (thirty two 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 at 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;

Done in English, and notified in writing on 17 June 2010, pursuant to Rule 77 §§ 2 and 3 of the Rules of Court.

Christos ROZAKIS
President

{Soren} NIELSEN
Registrar






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