Постановление Европейского суда по правам человека от 04.03.2010 «Дело Штукатуров (Shtukaturov) против России» [англ.]

s "deprived of his capacity to act independently in almost all areas of life" (§ 83). He was unlawfully detained in the hospital for more than six months, not taking into account his subsequent periods of detention. Finally, the applicant's suffering was undoubtedly aggravated by the State's failure to respect his Article 6 rights and the authorities' interference with his right of individual petition under Article 34 of the Convention.
18. The Court takes into account the cumulative effect of the violations of the applicant's rights, their duration, and the fact that the applicant, who suffered from a mental disorder, was in a particularly vulnerable situation. Ruling on an equitable basis in accordance with Article 41 of the Convention, the Court awards the applicant EUR 25,000 for non-pecuniary damage.

II. Costs and expenses

19. The applicant did not claim any amount for the costs and expenses incurred before the domestic courts and before the Court. Consequently, the Court does not make any award under this head.

III. Default interest

20. 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

Holds
(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 25,000 (twenty-five thousand euros) in respect of non-pecuniary damage, plus any tax that may be chargeable, 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 4 March 2010, pursuant to Rule 77 §§ 2 and 3 of the Rules of Court.

Christos ROZAKIS
President

{Soren} NIELSEN
Registrar






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