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Постановление Европейского суда по правам человека от 30.09.2010 «Дело Корогодина (Korogodina) против России» [англ.]





e prosecutor's office had been unreasonably long. She further complained under Article 2 of Protocol No. 4 that she had incessantly had to lodge complaints to challenge the allegedly unlawful acts and omissions committed by the authorities in the course of the criminal investigation into her son's death and consideration of her civil claims.
62. However, having regard to all the material in its possession, the Court finds that there is no appearance of a violation of the rights and freedoms set out in the Convention or its Protocols. It follows that this part of the application must be rejected as being manifestly ill-founded, pursuant to Article 35 §§ 3 and 4 of the Convention.

III. Application of Article 41 of the Convention

63. 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

64. The applicant claimed 400 euros (EUR) and EUR 67,000 in respect of pecuniary and non-pecuniary damage respectively.
65. The Government opined that the applicant had suffered no violation of the rights set out in the Convention. In any event, they considered the applicant's claims excessive and unsubstantiated.
66. The Court does not discern any causal link between the violation found and the pecuniary damage alleged; it therefore rejects this claim. On the other hand, the Court observes that it found that the investigation into her son's death had fallen short of the standards set forth in Article 2 of the Convention. In these circumstances, the Court considers that the applicant's suffering and frustration cannot be compensated for by a mere finding of a violation. Making its assessment on an equitable basis, it awards her EUR 18,000 in respect of non-pecuniary damage, plus any tax that may be chargeable on that amount.

B. Costs and expenses

67. The applicant also claimed EUR 620 for the costs and expenses incurred before the domestic courts and the Court. She submitted copies of receipts to confirm photocopying, postal and funeral expenses, purchase of books and legal acts, her medical costs, including purchase of medicine and reading glasses, and legal fees and costs.
68. The Government contested the applicant's claims.
69. 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. In the present case, regard being had to the documents in its possession and the above criteria, the Court considers it reasonable to award the sum of EUR 220 covering costs under all heads.

C. Default interest

70. 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 complaint concerning the authorities' failure to conduct an effective investigation into the death of the applicant's son admissible and the remainder of the application inadmissible;
2. Holds that there has been a violation of Article 2 of the Convention under its procedural limb;
3. Holds
(a) that the respondent State is to pay the applicant, within three months of the date on which the judgment becomes final in accordance with Article 44 § 2 of the Convention, the following amounts, to be converted into Russian roubles at the rate app



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