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Постановление Европейского суда по правам человека от 12.02.2009 "Дело "Михайлович (Mikhaylovich) против Российской Федерации" [рус., англ.]





Article 6 § 1 of the Convention in cases raising issues similar to the one in the present case (see Frydlender, cited above).
28. Having examined all the material submitted to it, the Court considers that the Government have not put forward any fact or argument capable of persuading it to reach a different conclusion in the present case. Having regard to its case-law on the subject, the Court considers that in the instant case the length of the proceedings was excessive and failed to meet the "reasonable time" requirement. There has accordingly been a breach of Article 6 § 1.

II. Other complaints

29. The applicant complained that the delays in the examination of her case and the lack of respect on the part of the authorities had violated her rights under Articles 3 and 8 of the Convention. She further complained under Articles 6 § 1 and 10 of the Convention of her lawyer's removal from the courtroom on 22 June 2005 and of the court's alleged refusal to explain the reasons for adjourning the examination of the case. Relying on Articles 13 and 17 of the Convention, the applicant also complained about the alleged failure of the various authorities to grant her requests.
30. In the light of all the material in its possession, and in so far as the matters complained of are within its competence, the Court finds that these complaints do not disclose any 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

31. 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

32. The applicant claimed 20,000 euros (EUR) in respect of non-pecuniary damage.
33. The Government contested the claim.
34. The Court considers that the applicant must have sustained non-pecuniary damage. Ruling on an equitable basis, it awards her EUR 3,600 under that head.

B. Costs and expenses

35. The applicant also claimed 50,000 Russian roubles for the legal costs incurred before the domestic authorities and 25,000 Russian roubles for the legal costs incurred before the Court.
36. The Government contested the claim.
37. 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 information in its possession and the above criteria, the Court rejects the claim for costs and expenses in the domestic proceedings and considers it reasonable to award the sum of EUR 700 for the proceedings before the Court.

C. Default interest

38. 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 excessive length of the proceedings admissible and the remainder of the application inadmissible;
2. Holds that there has been a violation of Article 6 § 1 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



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