Постановление Европейского суда по правам человека от 30.07.2009 "Дело "Питалев (Pitalev) против Российской Федерации" [рус., англ.]

ular sum, the applicant claimed reimbursement for legal costs incurred in the proceedings before the Court.
66. 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. Taking into account that the amount of EUR 850 has already been paid to the applicant by way of legal aid, the Court does not consider it necessary to make an award under this head.

C. Default interest

67. 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 the conditions of the applicant's detention in correctional colony IK-3 and the prison hospital ЯМ-401/Б admissible and the remainder of the application inadmissible;
2. Holds that there has been no violation of Article 3 of the Convention on account of the conditions of the applicant's detention in correctional colony IK-3;
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 the prison hospital ЯМ-401/Б;
4. 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 2,000 (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;
5. Dismisses the remainder of the applicant's claim for just satisfaction.

Done in English, and notified in writing on 30 July 2009, pursuant to Rule 77 §§ 2 and 3 of the Rules of Court.

Peer LORENZEN
President

Stephen PHILLIPS
Deputy Registrar






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