Постановление Европейского суда по правам человека от 23.04.2009 «Дело Губкин (Gubkin) против России» [англ.]

n facility IZ-61/1 of Rostov-on-Don;
3. Holds that there has been a violation of Article 13 of the Convention on account of the lack of an effective remedy for the applicant to complain about the conditions of his detention;
4. Holds that there has been a violation of Article 5 § 1 of the Convention on account of the applicant's detention from 12 February to 1 July 2002;
5. Holds that there has been no violation of Article 5 § 1 of the Convention on account of the applicant's detention from 1 July 2002 to 17 May 2004;
6. Holds that there has been a violation of Article 5 § 3 of the Convention;
7. Holds that there has been a violation of Article 5 § 4 of the Convention;
8. Holds that there has been a violation of Article 6 § 1 of the Convention on account of an excessive length of the proceedings against the applicant;
9. Holds that there has been a violation of Article 13 of the Convention on account of the lack of an effective remedy for the applicant to complain about the length of the criminal proceedings;
10. 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 40,000 (forty 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;
11. Dismisses the remainder of the applicant's claim for just satisfaction.

Done in English, and notified in writing on 23 April 2009, pursuant to Rule 77 §§ 2 and 3 of the Rules of Court.

Christos ROZAKIS
President

{Soren} NIELSEN
Registrar






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