EUROPEAN COURT OF HUMAN RIGHTS
FIRST SECTION
CASE OF NOVOSELOV v. RUSSIA
(Application No. 66460/01)
JUDGMENT <*>
(Strasbourg, 2.VI.2005)
--------------------------------
<*> This judgment will become final in the circumstances set
out in Article 44 з 2 of the Convention. It may be subject to
editorial revision.
In the case of Novoselov v. Russia,
The European Court of Human Rights (First Section), sitting as
a Chamber composed of:
Mr C.L. Rozakis, President,
Mrs S. Botoucharova,
Mr A. Kovler,
Mrs E. Steiner,
Mr K. Hajiyev,
Mr D. Spielmann,
Mr S.E. Jebens, judges,
and Mr S. Nielsen, Section Registrar,
Having deliberated in private on 12 May 2005,
Delivers the following judgment, which was adopted on that
date:
PROCEDURE
1. The case originated in an application (No. 66460/01) against
the Russian Federation lodged with the Court under Article 34 of
the Convention for the Protection of Human Rights and Fundamental
Freedoms ("the Convention") by a Russian national, Mr Andrey
Ivanovich Novoselov, on 27 November 2000. He was represented
before the Court by Ms D. Vedernikova, a lawyer with the European
Human Rights Advocacy Centre (EHRAC) in Moscow.
2. The Russian Government ("the Government") were represented
by Mr P. Laptev, Representative of the Russian Federation at the
European Court of Human Rights.
3. The applicant alleged, in particular, a violation of Article
3 of the Convention as regards the conditions of his detention in
facility No. 18/3 of Novorossiysk.
4. The application was allocated to the First Section of the
Court (Rule 52 з 1 of the Rules of Court). Within that Section,
the Chamber that would consider the case (Article 27 з 1 of the
Convention) was constituted as provided in Rule 26 з 1.
5. By a decision of 8 July 2004, the Court declared the
application partly admissible.
6. On 1 November 2004 the Court changed the composition of its
Sections (Rule 25 з 1). This case was assigned to the newly
composed First Section (Rule 52 з 1).
7. The applicant and the Government each filed observations on
the merits (Rule 59 з 1).
THE FACTS
I. The circumstances of the case
8. The applicant was born in 1961 and lives in Krasnodar.
A. Placement in custody
and detention in facility No. IZ-18/3
9. On 26 June 1998 the applicant had a loud quarrel with his
neighbour and assaulted him. Further to the neighbour's complaint,
the police opened criminal proceedings against the applicant.
10. On 27 October 1998 the applicant was taken in custody and
placed in investigations ward No. IZ-18/3 of Novorossiysk <*> (ИЗ
18/3 г. Новороссийска, "the facility").
--------------------------------
<*> On 13 June 2001 facility No. 18/3 was assigned a new
number, 23/3.
11. On 5 November 1998 the Oktyabrskiy District Court of
Novorossiysk found the applicant guilty of disorderly behaviour,
an offence under Article 213 з 1 of the Russian Criminal Code, and
sentenced him to six months' imprisonment.
12. The applicant served the sentence in the same facility. He
was released on 28 April 1999.
13. The applicant stayed in cells nos. 11 and 3.
14. According to the applicant, each cell measured
2
approximately 42 m and accommodated 42 to 51 inmates. Inmates
took turns to sleep. Thirty sleeping places were available, of
which two were occupied with water receptacles for washing and
flushing the toilet. The water containers were needed as running
water was only available for one hour three times a day. No
bedding was provided to inmates, save for tattered cotton
mattresses. Between 5 November and 28 December 1998 in cell No. 11
the applicant had to sleep without a mattress on metal plates,
covering himself with an old, dirty and worn cotton rag.
15. The Government did not dispute the cell measurements
suggested by the applicant. They submitted that each cell had had
30 sleeping places, a full set of bedding had been distributed to
each inmate and sleeping berths had been made of metal plates and
covered with wadded mattresses.
16. According to the applicant, the ventilation in cells was
only switched on for a few minutes when "inspectors" visited the
facility. Windows were covered with steel plates leaving an open
slot of about 10 cm. There was no fresh air in the cells.
17. The Government submitted that cells had been equipped with
ventilation. It was switched on and off "in accordance with the
schedule approved by the facility director" (order No. 41 of 26
May 1998). A copy of the schedule has not been produced to the
Court. On "especially hot" days, doors were open to ensure a
better circulation of air. At the material time windows had been
covered with metal shields which were removed in 2002.
18. According to the applicant, the lavatory pan sat on an
elevation of 0.5 m above the floor. A partition of 1.1 m in height
separated it from the rest of the cell. Occasionally an inmate
hung a sheet to have some privacy. According to the Government,
lavatory pans were located at the entrance and separated from the
living area by a brick partition measuring 1.3 m in height and
width.
19. According to the applicant, inmates were given one piece of
soap per week for the entire cell population. No laundry detergent
was available. According to the Government, each inmate received
200 g of washing soap and 70 g of laundry detergent each month.
Bathing was possible "regularly".
20. The applicant claimed that a thick, black and footworn
layer of dirt had covered the floor. Inmates' clothing swarmed
with lice, spiders and other insects. Between 5 November 1998 and
15 January 1999 cell No. 11 was not once sanitised. Between 15
January and 28 April 1999 cell No. 3 was sanitised on one
occasion. In the Government's view, the sanitary and hygienic
conditions of the cells were up to the applicable standards and
insecticide was distributed every month.
21. According to the applicant, the facility administration
took complaints, requests and letters from inmates once a day,
between 4.30 and 5 a.m. According to the Government, complaints
and requests were taken from inmates during the morning inspection
of cells starting at 8 a.m.
22. The applicant further submitted that the food ration had
consisted of bread, millet porridge, boiled pearl barley and no-
meat soup. In six months inmates were fed on five occasions with
pea soup, soup with pasta and boiled rice.
23. In April 1999 the applicant contracted scabies and he
received sulphuric and benzyl ointments to treat himself. He was
not isolated from other inmates. The applicant's cellmates who
contracted scabies and other skin diseases were not taken out of
the cell either. The applicant submits that tuberculosis-infected
inmates spent, on several occasions, a few days in his cell.
According to the Government, infected inmates were isolated in a
special wing. The applicant twice fell ill with a high temperature
and he was treated with sulphadimisin and aspirin. From 13 to 20
April 1999 the applicant underwent outpatient treatment for
dermatitis.
24. By the time of his release, the applicant had lost 15
kilograms in weight, he felt short of breath while walking, tired
easily, could not run, and suffered from pustules and itching all
over his body.
25. On 5 May 1999 the applicant was examined in clinic No. 1 of
Novorossiysk and issued with a certificate confirming that he
suffered from emaciation.
B. Proceedings for compensation
26. On 30 July 2002 the applicant filed a civil action for
damages against the Treasury of the Russian Federation. He claimed
compensation for non-pecuniary damage caused by "inhuman and
degrading" conditions of detention in facility No. 18/3. He
described the conditions of his detention in detail and relied, in
particular, on Article 3 of the Convention.
27. On 1 October 2002 the Pervomayskiy District Court of the
Krasnodar Region dismissed the applicant's action. It held that
the applicant had failed to prove that the officials of facility
No. 18/3 had been liable for pecuniary or non-pecuniary damage
allegedly caused to him. The court noted that the applicant had
served his sentence upon the lawful conviction by a competent
court and, therefore, the responsibility of the treasury was not
engaged.
28. On 14 November 2002 the Krasnodar Regional Court upheld, on
an appeal by the applicant, the judgment of 1 October 2002.
II. Relevant domestic law
Code on Execution of Sentences (of 8 January 1997)
29. Persons sentenced to no longer than six months'
imprisonment may consent to serving the sentence in investigations
wards (Article 74 з 1).
30. The norm of habitable floor surface per one inmate is
2
fixed at 2.5 m in prisons (Article 99 з 1). Inmates shall have
individual sleeping places and bedding, as well as personal
hygiene articles (soap, toothbrush, toothpaste, toilet paper,
disposable shavers) (Article 99 з 2).
Tort liability of State agencies
31. Article 1064 з 1 of the Civil Code of the Russian
Federation provides that the damage caused to the person or
property of a citizen shall be compensated in full by the
tortfeasor. Pursuant to Article 1069, a State agency or a State
official shall be liable to a citizen for damage caused by their
unlawful actions or failure to act. Such damage is to be
compensated at the expense of the federal or regional treasury.
III. Relevant council of europe documents
32. The relevant extracts from the General Reports by the
European Committee for the Prevention of Torture and Inhuman or
Degrading Treatment or Punishment (CPT) read as follows:
Extracts from the 2nd General Report [CPT/Inf (92) 3]
"46. Overcrowding is an issue of direct relevance to the CPT's
mandate. All the services and activities within a prison will be
adversely affected if it is required to cater for more prisoners
than it was designed to accommodate; the overall quality of life
in the establishment will be lowered, perhaps significantly.
Moreover, the level of overcrowding in a prison, or in a
particular part of it, might be such as to be in itself inhuman or
degrading from a physical standpoint.
47. A satisfactory programme of activities (work, education,
sport, etc.) is of crucial importance for the well-being of
prisoners... [P]risoners cannot simply be left to languish for
weeks, possibly months, locked up in their cells, and this
regardless of how good material conditions might be within the
cells. The CPT considers that one should aim at ensuring that
prisoners in remand establishments are able to spend a reasonable
part of the day (8 hours or more) outside their cells, engaged in
purposeful activity of a varied nature...
48. Specific mention should be made of outdoor exercise. The
requirement that prisoners be allowed at least one hour of
exercise in the open air every day is widely accepted as a basic
safeguard... It is also axiomatic that outdoor exercise facilities
should be reasonably spacious...
49. Ready access to proper toilet facilities and the
maintenance of good standards of hygiene are essential components
of a humane environment...
50. The CPT would add that it is particularly concerned when it
finds a combination of overcrowding, poor regime activities and
inadequate access to toilet/washing facilities in the same
establishment. The cumulative effect of such conditions can prove
extremely detrimental to prisoners.
51. It is also very important for prisoners to maintain
reasonably good contact with the outside world. Above all, a
prisoner must be given the means of safeguarding his relationships
with his family and close friends. The guiding principle should be
the promotion of contact with the outside world; any limitations
upon such contact should be based exclusively on security concerns
of an appreciable nature or resource considerations..."
Extracts from the 7th General Report [CPT/Inf (97) 10]
"13. As the CPT pointed out in its 2nd General Report, prison
overcrowding is an issue of direct relevance to the Committee's
mandate (cf. CPT/Inf (92) 3, paragraph 46). An overcrowded prison
entails cramped and unhygienic accommodation; a constant lack of
privacy (even when performing such basic tasks as using a sanitary
facility); reduced out-of-cell activities, due to demand
outstripping the staff and facilities available; overburdened
health-care services; increased tension and hence more violence
between prisoners and between prisoners and staff. This list is
far from exhaustive.
The CPT has been led to conclude on more than one occasion that
the adverse effects of overcrowding have resulted in inhuman and
degrading conditions of detention..."
Extracts from the 11th General Report [CPT/Inf (2001) 16]
"28. The phenomenon of prison overcrowding continues to blight
penitentiary systems across Europe and seriously undermines
attempts to improve conditions of detention. The negative effects
of prison overcrowding have already been highlighted in previous
General Reports...
29. In a number of countries visited by the CPT, particularly
in central and eastern Europe, inmate accommodation often consists
of large capacity dormitories which contain all or most of the
facilities used by prisoners on a daily basis, such as sleeping
and living areas as well as sanitary facilities. The CPT has
objections to the very principle of such accommodation
arrangements in closed prisons and those objections are reinforced
when, as is frequently the case, the dormitories in question are
found to hold prisoners under extremely cramped and insalubrious
conditions... Large-capacity dormitories inevitably imply a lack
of privacy for prisoners in their everyday lives... All these
problems are exacerbated when the numbers held go beyond a
reasonable occupancy level; further, in such a situation the
excessive burden on communal facilities such as washbasins or
lavatories and the insufficient ventilation for so many persons
will often lead to deplorable conditions.
30. The CPT frequently encounters devices, such as metal
shutters, slats, or plates fitted to cell windows, which deprive
prisoners of access to natural light and prevent fresh air from
entering the accommodation. They are a particularly common feature
of establishments holding pre-trial prisoners. The CPT fully
accepts that specific security measures designed to prevent the
risk of collusion and/or criminal activities may well be required
in respect of certain prisoners... [E]ven when such measures are
required, they should never involve depriving the prisoners
concerned of natural light and fresh air. The latter are basic
elements of life which every prisoner is entitled to enjoy..."
THE LAW
I. Alleged violation of Article 3 of the Convention
33. The applicant complained under Article 3 of the Convention
about the conditions of his detention in facility No. 18/3 of
Novorossiysk and the damage to his health sustained during the
detention. Article 3 reads as follows:
"No one shall be subjected to torture or to inhuman or
degrading treatment or punishment."
A. Submissions of the parties
34. The applicant submitted that throughout the term of his
detention, the facility had been severely overcrowded, with the
2
result that each inmate had been afforded less than 1 m of floor
space. The overcrowding produced devastating effects on him, to
which the CPT consistently referred in its reports (in particular,
7th General Report, з 13). An additional aspect of the crammed and
insalubrious conditions was the lack of any partition separating
the lavatory pan from the living area and, in particular, from the
dining table fixed to the floor barely one metre away. The
ventilation did not function most of the time and steel plates
fitted to cell windows blocked access of fresh air (cf., 11th
General Report, з 30). The lack of adequate ventilation was
further aggravated by a general tolerance to smoking in the cell.
For the applicant, who was a non-smoker, that was another severe,
inescapable effect of the overcrowding. Other factors indicating
the degrading character of the conditions of detention were the
appalling quality of nutrition, the absence of bedding, swarming
of insects, and the inadequate supplies of detergents. In the
detention the applicant contracted scabies; he was given some
treatment but was not isolated from other inmates. He twice had
high fever and by the time of his release, he lost 15 kg in weight
and was generally exhausted.
35. In support of his submissions the applicant referred to the
reports "on situation with human rights in the Krasnodar Region"
produced by the regional NGO, the "Krasnodar Human Rights Centre",
in 1999 and 2000, that had recorded general problems in
penitentiary institutions in the Krasnodar Region, such as
overcrowding, the inadequate quality of food, the shortage of
medical equipment and medicines and the spread of tuberculosis and
AIDS. The applicant produced a handwritten statement by Mr Vdovin
who had been detained in cells nos. 23 and 76 of the same facility
from 28 November 1998 to May 1999. The applicant also referred to
the medical certificate of 5 May 1999 (see paragraph 25 above).
36. The Government conceded that the applicant had been
detained "during the period when the detention facilities were
overcrowded". They submitted that "the overcrowding of that
detention facility (as well as of many other similar facilities at
the material time) was caused by objective reasons (such as the
high delinquency rate, the lack of State funding sufficient to
maintain the standard of floor space for all detainees)". However,
in their view, the facility administration applied its best
efforts to ensure the conditions of detention compatible with the
requirements of Russian laws. Finally, they submitted that the
domestic courts had rightly refused to award compensation to the
applicant as no fault on the part of the facility personnel could
have been established.
37. The Government claimed that the applicant had failed to
support his allegations of degrading treatment with appropriate
evidence. There is no indication that the detention adversely
affected his health. The issuing of a medical certificate of 5 May
1999 is not recorded in the registration files of clinic No. 1 of
Novorossiysk. Nor did the applicant produce a copy of relevant
pages of his medical record or any other certificates showing that
he had contracted scabies or suffered from emaciation.
B. The Court's assessment
38. As the Court has held on many occasions, Article 3 of the
Convention enshrines one of the most fundamental values of
democratic society. It prohibits in absolute terms torture or
inhuman or degrading treatment or punishment, irrespective of the
circumstances and the victim's behaviour (Labita v. Italy,
judgment of 6 April 2000, Reports of Judgments and Decisions 2000-
IV, з 119). However, to fall under Article 3 of the Convention,
ill-treatment must attain a minimum level of severity. The
assessment of this minimum level of severity is relative; it
depends on all the circumstances of the case, such as the duration
of the treatment, its physical and mental effects and, in some
cases, the sex, age and state of health of the victim ({Valasinas}
<*> v. Lithuania, No. 44558/98, зз 100 - 101, ECHR 2001-VIII).
--------------------------------
<*> Здесь и далее по тексту слова на национальном языке набраны
латинским шрифтом и выделены фигурными скобками.
39. The Court has consistently stressed that the suffering and
humiliation involved must in any event go beyond the inevitable
element of suffering or humiliation connected with a given form of
legitimate treatment or punishment. Under this provision the State
must ensure that a person is detained in conditions which are
compatible with respect for his human dignity, that the manner and
method of the execution of the measure do not subject him to
distress or hardship of an intensity exceeding the unavoidable
level of suffering inherent in detention and that, given the
practical demands of imprisonment, his health and well-being are
adequately secured ({Valasinas}, cited above, з 102; {Kudla} v.
Poland [GC], No. 30210/96, з 94, ECHR 2000-XI). When assessing
conditions of detention, one must consider their cumulative
effects as well as the applicant's specific allegations (Dougoz v.
Greece, judgment of 6 March 2001, Reports 2001-II, з 46). The
duration of detention is also a relevant factor.
40. The Court notes that in the present case the parties have
disputed the actual conditions of the applicant's detention at
facility No. IZ-18/3 of Novorossiysk. However, in the present case
the Court does not consider it necessary to establish the
truthfulness of each and every allegation of the parties, because
it may find a violation of Article 3 on the basis of the facts
that have been presented or undisputed by the respondent
Government, for the following reasons.
41. The main characteristic, which the parties have in
principle agreed upon, is the number of inmates who were held in
the applicant's cells at the material time. The applicant alleged
that the cells had been overpopulated; the Government did not
dispute this allegation (see paragraphs 15 and 36 above). It
appears that the applicant spent the entire six-month term of his
2
detention in cells that measured 42 m and accommodated up to 51
inmates, for whom 28 or 30 bunk beds were available. He was thus
2
afforded less than 1 m of personal space and shared a sleeping
place with other inmates, taking turns with them to get a rest.
Save for one hour of daily outside exercise, the applicant was
confined to his cell for 23 hours a day. In these circumstances,
the extreme lack of space weighs heavily as an aspect to be taken
into account for the purpose of establishing whether the impugned
detention conditions were "degrading" from the point of view of
Article 3.
42. In this connection the Court recalls that in the Peers
2
case even a much bigger cell - namely that of 7 m for two inmates
- was noted as a relevant aspect for finding a violation of
Article 3, albeit in that case the space factor was coupled with
the established lack of ventilation and lighting (Peers v. Greece,
No. 28524/95, зз 70 - 72, ECHR 2001-III). The applicant's
situation was also comparable with that in the Kalashnikov case,
where the applicant had been confined to a space measuring less
2
than 2 m . In that case the Court held that such a degree of
overcrowding raised in itself an issue under Article 3 of the
Convention (Kalashnikov v. Russia, No. 47095/99, зз 96 - 97, ECHR
2002-VI). By contrast, in some other cases no violation of Article
3 was found, as the restricted space in the sleeping facilities
was compensated by the freedom of movement enjoyed by the
detainees during the day-time ({Valasinas}, cited above, зз 103
and 107; Nurmagomedov v. Russia (dec.), No. 30138/02, 16 September
2004).
43. Hence, as in those cases, the Court considers the extreme
lack of space to be the focal point for its analysis of
compatibility of the conditions of the applicant's detention with
Article 3. The fact that the applicant was obliged to live, sleep
and use the toilet in the same cell with so many other inmates was
itself sufficient to cause distress or hardship of an intensity
exceeding the unavoidable level of suffering inherent in
detention, and arouse in him the feelings of fear, anguish and
inferiority capable of humiliating and debasing him (Peers and
Kalashnikov, cited above, loc. cit.; see also the CPT's 11th
General Report [CPT/Inf (2001) 16], з 29).
44. Furthermore, while in the present case it cannot be
established "beyond reasonable doubt" that the ventilation,
heating, lighting or sanitary conditions in the facility were
unacceptable from the point of view of Article 3, the Court
nonetheless notes the Government's admissions that the cell
windows were covered with metal shutters blocking access of fresh
air and natural light and that the applicant had twice fallen ill
with fever and contracted dermatitis while in detention (see
paragraphs 17 and 23 above). These aspects, while not in
themselves capable of justifying the notion of "degrading"
treatment, are relevant in addition to the focal factor of the
severe overcrowding, to show that the applicant's detention
conditions went beyond the threshold tolerated by Article 3 of the
Convention.
45. Finally, as regards the Government's submissions that the
overcrowding was due to objective reasons and that the facility
officials could not be held liable for it, the Court reiterates
that, although the question whether the purpose of the treatment
was to humiliate or debase the victim is a factor to be taken into
account, the absence of any such purpose cannot exclude a finding
of violation of Article 3 (Peers v. Greece, cited above, loc.
cit.; Kalashnikov v. Russia, cited above, з 101). Even if there
had been no fault on the part of the facility officials, it should
be emphasised that the Governments are answerable under the
Convention for the acts of any State agency since what is in issue
in all cases before the Court is the international responsibility
of the State (Lukanov v. Bulgaria, judgment of 20 March 1997,
Reports of Judgments and Decisions 1997-II, з 40).
46. The Court therefore finds that there has been a violation
of Article 3 of the Convention.
II. Application of Article 41 of the Convention
47. Article 41 of the Convention provides:
"If the Court finds that there has been a violation of the
Convention or the Protocols thereto, and if the internal law of
the High Contracting Party concerned allows only partial
reparation to be made, the Court shall, if necessary, afford just
satisfaction to the injured party."
A. Damage
48. The applicant claimed 12,000 euros (EUR) in respect of
compensation for non-pecuniary damage. He submitted that adverse
physical and mental effects of degrading conditions of detention,
such as physical emaciation and feelings of humiliation, distress
and anxiety, cannot be compensated solely by the finding of a
violation. He referred to comparable awards in the cases of Peers
v. Greece (No. 28524/95, ECHR 2001-III, 5,000,000 Greek drachmas
[approximately EUR 14,600]) and McGlinchey and Others v. the
United Kingdom (No. 50390/99, ECHR 2003-V, EUR 11,500).
49. The Government contested his claims as excessive and
unjust. In their view, an eventual award should be made with
regard to that in the case of Kalashnikov v. Russia, in which the
Court awarded EUR 5,000 as compensation for violations of the
applicant's rights under Articles 3, 5 and 6, although Mr
Kalashnikov's term of detention was much longer.
50. The Court accepts that the applicant suffered humiliation
and distress because of the degrading conditions of his detention.
Making its assessment on an equitable basis and taking into
account, in particular, the term of the applicant's detention, the
Court awards the applicant EUR 3,000 in respect of non-pecuniary
damage, plus any tax that may be chargeable on that amount.
B. Costs and expenses
51. The applicant claimed 1,150 euros (EUR) for 23 hours of
work of Ms Vedernikova in Moscow, 1,000 British pounds for 10
hours of work of Messrs Leach and Bowring in London, and 16,590
Russian roubles (RUR) in respect of their travel expenses relating
to their visit to Krasnodar for a meeting with him. He further
claimed 20 per cent of the amount awarded, which would be due
under a contingency agreement with Mr Shamparov who represented
him in the domestic proceedings.
52. The Government contested the claim for costs. They noted
that the power of attorney issued to Mr Shamparov had already
expired and that London counsel were not the applicant's
representatives before the Court.
53. According to the Court's case-law, an applicant is entitled
to reimbursement of his 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.
54. As regards the domestic proceedings, it appears that Mr
Shamparov offered legal advice to the applicant in many domestic
proceedings, to which the applicant was a party. Since the
applicant's other complaints were declared inadmissible at earlier
stages, the Court considers it reasonable to take into account
only the fees paid to Mr Shamparov in the civil proceedings
concerning compensation for inhuman conditions of detention. On
the basis of documents in its possession, the Court finds that
these fees amounted to RUR 12,000, which amount it awards the
applicant, plus any tax that may be chargeable thereon.
55. As regards the Strasbourg proceedings, the Court considers
that the expenses claimed in respect of London counsel have not
been shown to have been necessarily incurred. Having regard to the
criteria laid down in its case-law cited above, the Court awards
EUR 1,300 in respect of Ms Vedernikova's legal and travel
expenses, plus any tax that may be chargeable on this amount,
payable into the bank account of the European Human Rights
Advocacy Centre in Moscow.
C. Default interest
56. 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. Holds that there has been a violation of Article 3 of the
Convention;
2. Holds
(a) that the respondent State is to pay the applicant, within
three months from the date on which the judgment becomes final
according to Article 44 з 2 of the Convention, the following
amounts:
(i) 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;
(ii) RUR 12,000 (twelve thousand Russian roubles) in
respect of costs and expenses incurred in the domestic
proceedings;
(iii) EUR 1,300 (one thousand three hundred euros) in
respect of costs and expenses incurred in the Strasbourg
proceedings, to be converted into Russian roubles at the rate
applicable at the date of settlement and paid into the bank
account of the European Human Rights Advocacy Centre in
Moscow;
(iv) any tax that may be chargeable on the above amounts;
(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;
3. Dismisses the remainder of the applicant's claim for just
satisfaction.
Done in English, and notified in writing on 2 June 2005,
pursuant to Rule 77 зз 2 and 3 of the Rules of Court.
Christos ROZAKIS
President
{Soren} NIELSEN
Registrar
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