Постановление Европейского суда по правам человека от 17.12.2009 «Дело Шилбергс (Shilbergs) против России» [англ.]

ent.
132. 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 were reasonable as to quantum. In the present case, the applicant did not indicate the amount of costs and expenses claimed and did not provide any evidence (receipts, vouchers, etc.) on the basis of which the Court could assess the quantum of the expenses incurred. The Court therefore makes no award under this head.

C. Default interest

133. 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 complaints concerning the conditions of the applicant's detention in the Neman town temporary detention facility and detention facility No. IZ-39/1 in Kaliningrad, the breach of the equality-of-arms principle in the three sets of civil proceedings to which the applicant was a party and the absence of legal assistance in the appeal proceedings in the criminal case against him admissible and the remainder of the application inadmissible;
2. Holds that there has been a violation of Article 3 of the Convention on account of the conditions of the applicant's detention in the Neman town detention facility;
3. Holds that there has been a violation of Article 3 of the Convention on account of the conditions of the applicant's detention in detention facility No. IZ-39/1 in Kaliningrad;
4. Holds that there has been a violation of Article 6 § 1 of the Convention in respect of the three sets of civil proceedings on account of the domestic courts' failure to secure the applicant's attendance or to ensure the effective representation of his interests;
5. Holds that there is no need to examine separately the complaint under Article 6 § 1 of the Convention pertaining to the failure to serve on the applicant copies of documents submitted by the defendant in the proceedings concerning the conditions of detention in facility No. IZ-39/1;
6. Holds that there has been a violation of Article 6 § 1 in conjunction with Article 6 § 3 (c) of the Convention in respect of the criminal proceedings against the applicant on account of the lack of legal aid at the appeal stage;
7. 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 10,500 (ten thousand five hundred euros) in respect of non-pecuniary damage, to be converted into Russian roubles at the rate applicable at the date of the settlement, plus any tax that may be chargeable;
(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 December 2009, pursuant to Rule 77 §§ 2 and 3 of the Rules of Court.

Christos ROZAKIS
President

{Soren} NIELSEN
Registrar






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