Постановление Европейского суда по правам человека от 05.02.2009 «Дело Макеев (Makeyev) против России» [англ.]

r /> A. Damage

49. The applicant claimed 30,000 euros (EUR) in respect of non-pecuniary damage incurred through the unfair criminal proceedings and his allegedly unlawful detention after conviction.
50. The Government submitted that the applicant's claim for compensation for unlawful detention had been irrelevant to the subject matter of his application.
51. The Court accepts that the applicant suffered distress and frustration resulting from the unfair criminal proceedings against him. The non-pecuniary damage sustained is not sufficiently compensated for by the finding of a violation of the Convention. However, the Court finds the amount claimed by the applicant excessive. Making its assessment on an equitable basis, it awards the applicant EUR 1,500 under this head, plus any tax that may be chargeable on that amount.

B. Costs and expenses

52. Relying on the lawyers' timesheets, the applicant claimed EUR 2,800 for his representation.
53. The Government submitted that the applicant's lawyers had acted pro bono. The applicant had not produced any documents showing that the expenses had been actually and necessarily incurred by him.
54. 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. The Court considers excessive the number of hours of work for which the applicant claimed reimbursement. Having regard to the criteria described above and to the amount received by the applicant in legal aid, the Court dismisses the claim for costs and expenses.

C. Default interest

55. 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 application admissible;
2. Holds that there has been a violation of Article 6 §§ 1 and 3 (d) of the Convention;
3. 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 1,500 (one thousand five hundred 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;
4. Dismisses the remainder of the applicant's claim for just satisfaction.

Done in English, and notified in writing on 5 February 2009, pursuant to Rule 77 §§ 2 and 3 of the Rules of Court.

Christos ROZAKIS
President

{Soren} NIELSEN
Registrar






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