CEDH · CASELAW;DECISIONS;ADMISSIBILITY;ENG — 17 mars 2020

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Serghides,   Helen Keller,   Dmitry Dedov,   María Elósegui,   Gilberto Felici,   Erik Wennerström, judges and Milan Blaško, Section Registrar, Having regard to the above applications lodged on the various dates indicated in the appended table, Having deliberated, decides as follows: THE FACTS 1.     A list of applicants is set out in the Appendix. All applicants were detained in various Russian detention facilities, before or after their conviction in criminal proceedings. 2.     Their complaints about breaches of Articles 3 and 13 by the material conditions of detention were communicated to the Government, who have in 2018 and 2019 submitted their observations. In some cases the Government have not disputed the violations alleged; in some cases they have submitted unilateral declarations (UDs), offering to acknowledge the violations and to pay to the applicants sums of money. The detention of some of the applicants’ was already over at the time of exchange of observations, for others it continued at that time. 3.     On 10 January 2020 the Government submitted additional information about the new Compensation Act and asked to treat it as a new remedy in respect of conditions of detention complaints under Articles   3 and 13. The applicants were asked to submit their comments in reply. 4.     The applicants’ individual circumstances and the Government replies are detailed in Appendix below. Applicants detained in pre-trial detention facilities 5.     Seven applicants in applications nos. 66806/17, 75804/17, 77181/17, 77265/17, 19294/18, 31682/18 and 32545/18 were detained in pre-trial detention centres (SIZO) in various regions of Russia. They complained about insufficient personal space and other elements of the conditions of their detention that, in their view, breached the requirements of Article 3 of the Convention. The applicants in applications nos. 77181/17, 77265/17, 19294/18, 31682/18 and 32545/18 also complained under Article   13 of the Convention about the absence of an effective domestic remedy in relation to their complaints about poor conditions of detention. 6 .     For the applicants in applications nos. 66806/17, 19294/18, 31682/18 and 32545/18 the detention had ended at the time of the exchange of observations. The Government either did not dispute that the conditions of their detention had amounted to inhuman and degrading treatment, or, as in application no.   66806/17, argued that there was evidence to the contrary (see Appendix I below). Applicants detained after conviction in correctional colonies 7.     Ten applicants in applications nos. 41743/17, 60185/17, 74497/17, 1249/18, 9152/18, 14988/18, 17991/18, 19837/18, 21542/18 and 29155/18 have been detained in correctional colonies in various regions of Russia, following their convictions for criminal offences. They complained about insufficient personal space and other elements of the conditions of their detention. In addition, the applicants in applications nos. 41743/17, 60185/17, 74497/17, 1249/18, 17991/18, 21542/18 and 29155/18 argued that they did not have an effective domestic remedy, as required by Article   13 of the Convention, in relation to their complaints about poor conditions of detention. 8 .     For the applicants in cases nos.   41743/17, 60185/17, 14988/18, 17991/18 and 21542/18 the detention had ended at the time of the exchange of observations. The Government did not dispute that the applicants in applications nos.   74497/17, 9152/18, 17991/18, 21542/18 and 29155/18 have been, at least for some periods of time, detained in conditions that amounted to inhuman and degrading treatment. Relevant domestic law and practice Material conditions of pre-trial detention 9 .     The Federal Law “On the Detention of Suspects and Persons Accused of Criminal Offences” no. 103-FZ dated 15 July 1995 ( Федеральный закон от 15 июля 1995 N 103-ФЗ «О содержании под стражей подозреваемых и обвиняемых в совершении преступлений» , “the Pre-trial Detention Act”), as currently in force, sets out in Section 23 that detainees should have conditions of detention that are compatible with the requirements of hygienic, sanitary and fire safety. Each detainee is entitled to an individual sleeping place, as well as bedding, cutlery and hygienic products as appropriate. All cells should be equipped with ventilation. The norm for one detainee is set at four square metres of floor space. Material conditions of post-conviction detention 10 .     Article 99 of the Code on the Execution of Criminal Sentences of 8   January 1997 (No.   1-FZ, Уголовно-Исполнительный Кодекс ), as currently in force, provides that the personal space allocated to each individual in a dormitory for male prisoners should be no less than two square metres; in prisons: no less than two and a half square metres; in colonies for women: no less than three square metres; in educational colonies for minors: no less than three and a half square metres; in health facilities of the penitentiary system: no less than three square metres; and in rehabilitation centres of the penitentiary system, no less than five square metres. 11 .     Under Article 99 § 2, inmates are to be provided with individual sleeping places, bedding, toiletries and seasonal clothes. 12.     The model daily schedule for detainees in correctional colonies was summarised in the judgment Sergey Babushkin v.   Russia , no. 5993/08, §   22, 28   November 2013. Latest developments in the national legislation and practice 13.     On 31 October 2019 and on 10 January 2020 the Russian Government addressed letters to the Court with information on developments in the national legislation and practice, enumerating measures aimed to alleviate the inadequate conditions of detention and new domestic remedies in this respect. 14.     They stressed, in particular, that significant progress had been achieved by the national authorities in addressing the issues raised in the judgments Ananyev and Others v. Russia , nos. 42525/07 and 60800/08, 10   January 2012, and Sergey Babushkin , cited above. The pertinent developments included the new Code of Administrative Procedure, changes to the Criminal Code and relevant practice of the Supreme Court of Russia. The Government also informed the Court about adoption, on 27   December 2019, of the Compensation Act (see below) that established the right to compensation for violations of the conditions of detention. (a)    The Code of Administrative Procedure 15 .     On 15 September 2015 the Code of Administrative Procedure (“the CAP”) entered into force. 16 .     Article 6 sets out the general principles of administrative justice. These include, among others, independence of judges, equality of all before the law and the court; reasonable time for court proceedings and the execution of judgments; public and open trial; equality of arms for the parties, with an active role of the court. 17 .     Chapter 5 sets rules for representation of applicants. Under Article   55 §§ 1 and 3, representatives in administrative proceedings may be advocates and “other people” with full legal capacity, a law degree and a power of attorney to pursue the case. 18 .     The burden of proof of lawfulness of a decision rests with the respondent administration. Authorities must prove the facts they refer to in support of their counter-arguments (Article 62 § 2). 19 .     Article 85 (as amended in July 2019) provides for a possibility of application of preliminary measures where there exists danger of harm being caused to the interests of the claimant. 20 .     Articles 103 and 104 require that court fees are paid, unless there are valid reasons to reduce, defer or dispense with the court fee. Under the currently applicable provisions of the Federal Budget Code, the court fee for claims about unlawful action or failure to act by State officials constitutes 300 Russian roubles (RUB); and the competent court may reduce, defer or dispense with the court fee, depending on the person’s financial situation (Articles   333.19(7) and 333.20(2) of the Federal Budget Code). 21 .     Article 188 provides that the court may order immediate execution of its decision if any delay could lead to significant harm of the protected public or private interests. 22.     Chapter 22 of the CAP governs proceedings concerning challenging of a decision or act (failure to act) by any State or municipal authority or official if the applicant considers that it has violated her/his rights and freedoms. 23 .     Article 218 § 1 provides that a person may lodge a complaint before a court concerning a decision or act (omission) by any State or municipal authority or official if s/he considers that it has violated her/his rights and freedoms. The complaint may concern any decision, act or omission which has violated that person’s rights or freedoms, has impeded the exercise of rights or freedoms, or has imposed a duty or liability on him. The claimant should indicate the decision or act (omission) that is being challenged, the administrative body responsible for it, the rights concerned, the legal acts to which such acts are in contravention, and any other relevant information such as previous attempts of challenging the acts and the competent authorities’ responses (Article 220 § 2). 24 .     As a rule, complaints should be lodged with the court within three months from the date on which the person has become aware of the violations of his/her rights. This term can be extended for valid reasons by a competent court (Article 219). Such complaints are to be examined within a month of receipt, or within two months by the Supreme Court, if not otherwise provided for certain categories of cases (Article 226 § 1). 25.     The court may request evidence at the request of parties or of its own initiative (Article 226 § 12). 26.     The court may summon representatives of the respondent authorities to appear at the hearing. If they fail to appear, a court fine may be applied (Article   226 § 7). 27 .     In examining an administrative claim challenging the decisions, actions or omissions of the authorities, the court verifies the lawfulness of the contested decisions, actions or omissions in the part specified in the administrative claim. The court is not bound by the grounds and arguments contained in the administrative claim and establishes the relevant circumstances in full (Article 226 § 8). The court has to establish whether the rights of the claimant have been violated, whether the time-limits have been respected, and whether the requirements of the normative regulations have been complied with in so far as the authority’s competence, decision making procedure, and grounds for the decision are concerned. The court also verifies whether the content of the contested decision or nature of the disputed action is in accordance with the relevant normative regulations (Article 226 § 9). The claimant has to prove that his or her rights have been violated and that the claim was lodged in good time. The burden of proof is on the authorities as concerns their competence to issue the contested decision or take the disputed action, respect for domestic procedure, the grounds for the decision and compliance with domestic law (Article   226 §   11). 28 .     If an administrative claim is allowed, the court specifies the actions to be taken and sets a time-limit (Article 227 § 3). 29.     The court may reject the complaint if it finds that the act or decision being challenged has been taken by a competent authority or official, is lawful and does not breach the citizen’s rights (Article 227 § 2 of the CAP). 30 .     A party to the proceedings may lodge an appeal with a higher court (Article 228 of the CAP). The appeal decision comes into force on the day of its delivery (Articles 186 and 227 § 5 of the CAP). 31.     The CAP requires that the judicial decision be dispatched on the day of its entry into force (Article 227 § 7). The court and the complainant must be notified of the enforcement of the decision no later than one month after its receipt (Article 227 § 9 of the CAP). 32 .     Article 353 § 1 (3.1) provides that the court forwards a writ of execution in respect of a court decision awarding compensation for a violation of the right to fair trial within a reasonable time and enforcement of a judicial decision within a reasonable time, together with a copy of the relevant court decision, to the authority in charge of execution of the decision awarding compensation. The court forwards the writ within one day of the date of the judgment and irrespective of whether a claimant has made a request to that effect. The writ must contain the bank details of the claimant. (b)    The Criminal Code 33 .     On 3 July 2018 Article 72(3) of the Criminal Code was changed by Federal Law no.   186-FZ. The change introduced an arrangement based on coefficients whereby time spent in pre-trial detention could be counted more favourably for the time spent serving a sentence of deprivation of liberty. In particular, Article 72(3.1) establishes a coefficient of one to one-and-a-half days if the person was sentenced to serve the sentence of detention on common grounds ( исправительная колония общего режима ) and one to two in case the person was sentenced to deprivation of liberty in a supervised settlement colony ( колония-поселение ). No coefficient applies to persons sentenced to serve the deprivation of liberty on conditions of strict or special regimes ( колонии строгого или особого режима ). 34.     Article 72(3.2) and (3.3) further details the situations when no higher coefficient would apply, such as sentencing for certain serious crimes and the time served in disciplinary and punishment cells. 35.     Article 72(3.4) provides that days spent under house arrest should count with a coefficient of two to one for the days spent in pre-trial or post-conviction detention. (c)    The Code of Criminal Procedure 36.     In 2018 and 2019 a number of changes were introduced to Articles   108 and 109 of the Code of Criminal Procedure of the Russian Federation (“the CCrP”) that regulate pre-trial detention and extension of terms of such detention. 37.     Thus, under the amended Article 109 (8) the request to extend pre-trial detention should contain information on investigative and other procedural actions that have been carried out during the period when this preventive measure has already been applied, as well as the grounds and motives for each further extension of the term of detention. The time period indicated in the request must be evaluated by the judge with regard to the specific investigative and other procedural actions. If the request invokes as grounds for extension the investigative measures that have already served as such grounds in the past, then the request to extend detention should indicate why these actions have not been carried out within the previous time limits. The court can extend detention for a period shorter than specified in the request, if it considers it would be sufficient to carry out the amount of investigative and other procedural actions specified. 38.     If the request to extend the period of detention is rejected, the judge may, on his/her own initiative and subject to certain conditions, choose another preventive measure for the accused in the form of a ban on certain actions, bail or house arrest (Article 108 § 7.1). 39.     Article 108 § 1.1 was amended so that detention cannot be applied to certain categories of those accused of committing crimes in the area of entrepreneurial activity (individual entrepreneurs and members of the governing body of a commercial organisation). (d)    Rulings and clarifications by the Supreme Court (i)   Ruling no.   36 of 27 September 2016 40.     On 27 September 2016 the Plenary of the Supreme Court of the Russian Federation issued a ruling with clarifications concerning procedural questions of application of the CAP. It detailed the questions of territorial competence of the courts, calculation of terms for lodging complaints and appeals, rules on representation, collective complaints, keeping of trial records, etc. Under Article 85 of the CAP, the Supreme Court reminded that a court may adopt preliminary measures, for example by obliging the State body concerned to undertake certain actions or to refrain from such actions (see paragraph 19 above). (ii)   Ruling no. 47 of December 2018 41 .     Ruling no. 47 of December 2018 by the Plenary Supreme Court clarified certain issues arising from the application of the CAP to cases concerning breaches of conditions of detention. 42 .   The Ruling explained that any measures restricting the persons’ liberty would be covered by the term “detention”, including administrative detention, escorting to a police station, detention at court premises pending hearings, transfer between places of detention, etc. Any detention in stationary places or in transport should comply with the requirements of the Russian legislation and Russia’s international obligations. In considering such complaints the courts should take into account the documents produced by the competent international organisation, including the United Nations and the Council of Europe (point 1 of the Ruling). 43 .     The rights and obligations of detained persons are governed by the national legislation and Russia’s international obligations, examples of which are detailed in point 2. The rights include, among others, the right to personal security and health care; to legal assistance; to apply to State authorities and public monitoring bodies; to access to justice; to seek and obtain information directly affecting the realisation of one’s rights; to decent conditions of detention, including proper living and sanitary conditions, decent food and outdoor exercise; to recreational and educational activities. Any detention, including detention during transport, should be compatible with human dignity and applicable legal requirements, and should exclude unlawful physical or psychological ill-treatment; any breach of such requirements could amount to violation of conditions of detention and constitute prescribed treatment (point 3). 44 .     Breach of conditions of detention constitutes a valid cause for seeking judicial protection by the detainees. Detainees may complain about acts or omissions by State officials if such acts or omissions result, or may result, in breach of standards of conditions of detention (point 4). 45.     The Ruling clarified a number of procedural questions, for example, relating to the territorial competence of the courts, the right to have legal counsel or representative, collective complaints from detainees (point 6). The Ruling enumerated officials who could lodge an administrative complaint in the detainees’ interests, including the prosecutors and ombudspersons (point 7). 46 .     The court may dispense with the court fee altogether if it finds that reducing or deferring it would not be sufficient to ensure unhindered access of the detainee to the court, for example where the detained person does not have any source of income and does not have any funds (see paragraph 20 above) (point 8). 47 .     The courts should take all necessary steps in order to ensure effective participation of the detained person in the proceedings, and to explain the right to be represented (see paragraph 17 above). Any notifications or procedural steps should take into account the specific situation of detainees (point 9). The courts should ensure a real possibility for the detained persons to have confidential and sufficient consultations with their lawyers and representatives (point 16). The proceedings may take part, in full or in part, through video-link. The competent court may request another court situated at the detainee’s place of detention to obtain the latter’s personal statements or to perform other procedural steps (point 10). 48 .     The Supreme Court explained in point 11 that the application of preliminary measures in these proceedings could cover situations when the life or health of the detained person could be in real danger (see paragraph 19 above). In such cases, preliminary measures could include, for example, transfer to another premises or medical examination. In such instances, the administrative complaint should be examined urgently. 49 .     As to the time-frame, the Supreme Court explained in point 12 that detention could be a lasting situation. Claims could be lodged during the entire duration of detention, and then within three months after it has ended (see paragraph 24 above). 50 .     Points 13 and 24 address issues of burden of proof and obtaining evidence (see paragraphs 18 and 27 above). The detainee should provide a detailed description of the situation that infringes his or her rights, and supply any available evidence, such as descriptions of the conditions of detention, medical certificates, copies of complaints to State authorities and their responses, or indicate other detainees who could corroborate his statements. The Ruling states: “Given the objective difficulties faced by detainees in collecting evidence related to breaches of conditions of detention, the court should assist the claimant in the effective realisation of his rights, ... including by identifying and obtaining evidence on its own motion”. As examples of such steps, the Ruling suggests obliging the respondent authority to obtain video or photo footage of the premises, to indicate the exact size of the premises, to submit detailed information about the temperature or luminosity; or to appoint an expert examination. Once the court concludes that the conditions of detention are unsatisfactory, it may in the subsequent proceedings consider such finding as an established fact. When ordering any such steps, the courts should set a reasonable time limit and, where appropriate, bear in mind the budgetary constraints; on the other hand, they should bear in mind the need to take urgent measures where there is a threat to detainee’s life or health. 51 .     The Ruling specifies what could constitute breach of requirements in respect of conditions of detention. This would include overcrowding, impediments to free movement between objects in the living quarters, lack of individual sleeping place, insufficiency of natural or electric light for normal reading activity, absence of or insufficient ventilation, limited access to outdoor exercise, number of sanitary and toilet facilities below the regular levels, lack of privacy in such facilities in excess of the normal security requirements, breach of the regulated levels of noise, quality of food and water. At the same time, the courts should take into account alleviating factors, for example if the required minimal levels of personal space are not complied with only marginally, and the detainees have access to other facilities, for example for sports, recreational and professional activities. Special attention should be given to the needs of vulnerable categories of detainees, including pregnant women and nursing mothers, persons with disabilities and minors (points 14 and 15). 52.     The Ruling lays down considerable detail for the adjudication of claims raising issues of medical assistance, conditions of transportation of detainees, determining the place of serving of sentence that should take into account the protection of family ties, use of special equipment and physical force by the penitentiary staff. In the latter respect, the Ruling articulates that no circumstances, including orders given by the hierarchical superiors, or the gravity of the offences committed, could justify unlawful acts towards the detained persons, or the impunity for the perpetrators (points 17-20). The court should formally alert the investigative bodies if it uncovers elements of a crime in the officials’ actions (point 21). 53 .     The courts are instructed to verify all aspects of the conditions of detention, going beyond the limits of the claim if necessary. Any motion to withdraw a claim by detainee should be subjected to careful examination, and be dismissed if it had not been produced in compliance with the legislation, or would not be in the public interest (point 22). The person’s release or transfer to another facility does not justify the claim’s dismissal or termination. The courts should fully examine whether the detainee’s rights have been respected during the period under review, and whether any negative consequences of the violations have been addressed (point 23). 54 .     If the administrative claim is granted (see paragraph 28 above), costs and expenses born by the claimant, including the court fee, should be recovered from the respondent. Within one month after the court’s decision coming into force, the respondent will inform the court about the measures taken to implement it. If no information is forthcoming within a month or if the decision should be implemented within shorter time-period, the court will issue a writ of execution under the Federal Law on Enforcement Proceedings (no. 229-FZ of 2 October 2007). The court may also find that the situation calls for immediate execution of its decision, if any delay may cause irreparable harm to public or private interests (see paragraph 21 above). Finally, the court may find it necessary to order that its decision about violations of conditions of detention should be published in a particular media outlet (points 25-27). (iii)   Clarifications by the Presidium of the Supreme Court 55 .     On 31 July 2019 the Presidium of the Supreme Court issued answers to the questions posed by the courts on application of the amended Section   72 of the Criminal Code (see paragraph 33 above). In particular, the Supreme Court clarified the calculation of terms of pre-trial detention (to be counted from the moment of actual apprehension) and post-conviction detention; stressed that the persons concerned should be immediately released as soon as the court finds that the new calculation of terms has resulted in full serving of the sentence; that the new coefficients should apply to the sentences rendered prior to the entry into force of the coefficients in question; and clarified other practical questions. 56 .     According to the information provided by the Russian Government in their letter of 31 October 2019, the application of the coefficients provided for by the Federal Law no.   186-FZ (see paragraph 33 above) has affected more than 110,000 convicted prisoners. Its effect was comparable to a large-scale amnesty: already by April 2019, 10,402 persons had been released from serving sentences, and sentence terms had been reduced for an additional 85,916 convicts. The law had further effects on persons sentenced to non-custodial punishments. (iv)   Thematic overviews 57 .     The Supreme Court regularly produces thematic overviews in Russian of the relevant international practice and standards. Since January 2015 the secretariat of the Supreme Court published thematic overviews of the applicable standards in relation to inhuman and degrading treatment. They remind the courts to take them into account in individual cases, including in granting non-pecuniary awards. The two latest updates were produced in   December 2018 and December 2019. These documents run to over 300 and 500 pages, respectively, and include references to hundreds of the Court’s judgments and decisions, CPT reports and other examples of international practice.   Separate sections contain quotations from the Court’s just satisfaction awards in relevant cases against Russia; the review of December 2019 allocates about 180 pages to translation of hundreds of awards made by the Court, with a detailed description of every aspect of the case that has been taken into account in the grouped judgments. The review also includes examples for particular types of complaints where no violation has been established, or where the complaints have been found inadmissible by a collegial formation. 58.     In particular, the overviews cover the following subject matters: - conditions of detention, including special sub-sections on overcrowding, individual sleeping place, access to sufficient light and ventilation, hygienic facilities, food quality, access to recreational activities; solitary confinement; vulnerable prisoners; as well as examples of hundreds of awards made by the Court in such cases; - questions of medical assistance to persons in detention, including separate sub-sections concerning the most common diseases such as HIV and tuberculosis, psychiatric care; prevention of suicides and self-harm; requirements of confidentiality, qualification and independence of medical personnel; consent to medical assistance; - conditions of transportation of detainees, complete with many examples of awards made by the Court in such cases; - allegations of ill-treatment of detainees, including sub-sections on the use of force and special equipment by the officials; procedural and positive obligations to prevent ill- treatment and to investigate credible allegations of ill-treatment; - specific issues arising in the context of detention in psychiatric care; - distribution of the burden of proof in cases concerning ill-treatment. (e)    The Compensation Act 59.     The Federal Law no.   494–FZ on amendments to some legislative acts of the Russian Federation (hereinafter, the Compensation Act) was adopted on 27 December 2019 and entered into force 30 days later, on 27   January 2020. It introduced changes to three legislative acts: to the Pre-trial Detention Act (see paragraph 9 above) , to the Code on Execution of Punishments (no.   1-FZ of 8 January 1997, Уголовно-исполнительный   кодекс   РФ ), and to the CAP (see paragraph 15 above). 60.     The changes afford to detainees a right to monetary compensation for breach of their conditions of detention, as regulated by the Russian legislation and Russia’s international agreements. The compensation can be obtained under the CAP, and the award is not conditioned on the finding of guilt of state authorities or civil servants. 61 .     The CAP was modified by adding a separate provision of the right to obtain compensation for improper conditions of detention and its procedural guarantees. Most importantly, new Article 227-1 was added which reads: “ Article 227-1. Special aspects of lodging and processing claims for compensation for violations of conditions of detention in pre-trial or correctional facilities 1.     Any person who believes that the conditions of his detention in pre-trial or in correctional facilities have been breached, can lodge a claim for compensation, at the same time as challenging the action (omission) of the State authorities, their officials and civil servants, in the order stipulated by this chapter [of the CAP], claiming compensation for the breach of conditions of detention in pre-trial or in correctional facilities, as regulated by the legislation of the Russian Federation and the international agreements of the Russian Federation. 2.     An administrative claim lodged under part one of the present Article should contain information as required by Article 220 of the present Code, a claim for compensation for breach of conditions of detention in a pre-trial or correctional facility, and the claimant’s bank account details, where the award should be transferred. 3.     The claim for compensation for breach of conditions of detention in pre-trial or correctional facility will be considered by the court at the same time as the challenge to a decision or action (omission) by a state authority, its officials and civil servants, under the rules set by the present chapter, and with due respect to the special rules set up by the present Article. 4.     In the court proceedings... the interests of the Russian Federation will be represented by the federal treasurer [responsible for the State authority concerned]. 5.     When considering the claim for compensation,... the court should establish whether there occurred a breach of the conditions of detention, as regulated by the legislation of the Russian Federation and the international agreements of the Russian Federation, as well as the nature and length of such breach, its context and consequences. 6.     If the claim contains a request to compensate damage to the person’s property and (or) health caused by the breach of conditions of detention, the court should take a decision to process such claim under the rules applicable to civil proceedings in line with Article 16.2 of the present Code. 7.     A court’s decision in an administrative claim challenging decisions, actions (omissions) by a State body, organisation, public official and about granting of compensation for violations of the conditions of detention, should comply with the requirements of Article 227 of the present Code, and also should contain: 1)       in the reasoning: a) information about the conditions of detention in pre-trial or correctional facility, about the nature and length of the breach, its context and consequences; b) justification of the compensation award and indication of the body which had allowed the breach of the conditions of detention to occur; c) the reasons for which the compensation is awarded or refused; 2)       in the operative provisions: a) where no compensation is awarded this should be expressly stated; b) where compensation is awarded, this should be clearly indicated, as well as the amount of such compensa