Постановление Европейского суда по правам человека от 08.01.2009 "Дело "Алексеенко (Alekseyenko) против Российской Федерации" [рус., англ.]

t's preliminary objection in respect of the complaint under Article 8 of the Convention about the censorship of the applicant's correspondence between 22 January 2001 and 16 December 2003 and holds that there has been a violation of Article 8 of the Convention on account of the control of the applicant's correspondence by the prison administration during that period;
5. Accepts the Government's preliminary objection about the applicant's failure to exhaust in respect of his Article 8 complaints in so far as it concerns the complaint about the alleged censorship of his correspondence with the Court between 16 December 2003 and 4 September 2007 and declares this complaint inadmissible pursuant to Article 35 §§ 1 and 4 and of the Convention;
6. Holds that there has been no violation of Article 34 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 3,000 (three thousand euros) in respect of non-pecuniary damage, to be converted into Russian roubles at the rate applicable at the date of 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 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 8 January 2009, pursuant to Rule 77 §§ 2 and 3 of the Rules of Court.

Christos ROZAKIS
President

{Soren} NIELSEN
Registrar






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