Постановление Европейского суда по правам человека от 18.06.2009 «Дело Штейн (Shteyn (Stein)) против России» [англ.]

incurred at the national level, including various food supplies to the applicant from his relatives, and before the Court, including postal and translation costs. He also claimed reimbursement of the cost of his mother's flight from Germany to Russia and the amounts of several bank transfers to third persons in Russia.
159. The Government contested the applicant's claims.
160. 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. Regard being had to the information in its possession and the above criteria, the Court notes that the expenses relating to the purchase of food cannot be said to have been occasioned by the conditions of detention which led it to find a violation of Article 3 of the Convention. It therefore rejects this part of the claim. The Court rejects the remaining claim for costs and expenses in the domestic proceedings because they are unsubstantiated, not properly itemised or unrelated to the violations found. Furthermore, it is noted that the applicant made no claim in respect of lawyers' fees incurred either at the national level or before the Court. At the same time, the Court considers it reasonable to award him the sum of EUR 300 for the correspondence and translation expenses incurred in relation to the proceedings before the Court.

C. Default interest

161. 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, the lawfulness of one period of detention, the length of the applicant's detention, the delays in the examination of his appeals against detention orders and the length of the criminal proceedings admissible and the remainder of the application inadmissible;
2. Holds that there has been a violation of Article 3 of the Convention;
3. Holds that there has been a violation of Article 5 § 1 (c) of the Convention in relation to the detention order of 2 June 2006;
4. Holds that there has been a violation of Article 5 § 3 of the Convention;
5. Holds that there has been a violation of Article 5 § 4 of the Convention;
6. Holds that there has been a violation of Article 6 § 1 of the Convention;
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 10,000 (ten thousand euros) in respect of non-pecuniary damage, plus any tax that may be chargeable, and EUR 300 (three hundred euros) in respect of costs and expenses, 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 amounts at a rate equal to the marginal lending rate of the European Central Bank during the default period plus three percentage points;
8. Dismisses the remainder of the applicant's claim for just satisfaction.

Done in English, and notified in writing on 18 June 2009, pursuant to Rule 77 §§ 2 and 3 of the Rules of Court.

Christos ROZAKIS
President

{Soren} NIELSEN
Registrar






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