Постановление Европейского суда по правам человека от 12.02.2009 «Дело Нолан (Nolan) и K. против России» [англ.]

17 December 1976, DR 7). Paragraph 1 of this Article provides that an individual may be expelled only "in pursuance of a decision reached in accordance with law" and subject to the exercise of certain procedural guarantees. Paragraph 2 allows the authorities to carry out an expulsion before the exercise of these guarantees only when such expulsion is necessary in the interests of public order or national security.
115. The Government invoked the exception mentioned in paragraph 2 of Article 1 of Protocol No. 7 to justify the course of action adopted by the Russian authorities against the applicant. However, as the Court has found above, they did not submit any material or evidence capable of corroborating their claim that the interests of national security or public order had been at stake. Accordingly, the exception set out in paragraph 2 cannot be held to apply in the instant case and the normal procedure described in paragraph 1 must have been followed. As regards compliance with that procedure, the Court notes that the Government did not furnish any explanation as to why the decision on the applicant's exclusion had not been communicated to him for more than three months and why he had not been allowed to submit reasons against his expulsion and to have his case reviewed with the participation of his counsel. He was therefore not afforded the procedural guarantees set out in Article 1 of Protocol No. 7.
116. There has therefore been a violation of Article 1 of Protocol No. 7.

VII. Application of Article 41 of the Convention

117. 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

118. The applicant claimed 20,000 euros (EUR) in respect of the non-pecuniary damage caused by his expulsion and overnight detention at the airport, the discriminatory treatment he had suffered on account of his religious beliefs, his exclusion from his home of eight years and his forced separation from his infant child K.
119. The Government submitted that the claim was excessive and ill-founded. They pointed out that, by virtue of their profession, missionaries often changed their place of residence.
120. The Court accepts that the applicant has suffered non-pecuniary damage, such as distress and frustration resulting from the measure compelling his departure from Russia which was not accompanied by any procedural guarantees, his lengthy separation from his son K., and his overnight detention at the airport without any clear legal basis or any possibility of claiming compensation. In the Court's assessment, the damage the applicant suffered is not sufficiently compensated for by the finding of a violation of the Convention. However, it finds the amount claimed by the applicant excessive. Making its assessment on an equitable basis, the Court awards the applicant EUR 7,000 under this head, plus any tax that may be chargeable on that amount.

B. Costs and expenses

121. The applicant claimed EUR 810 in respect of legal fees owed to Mr Holiner for preparation of the reply to the Government's observations. He enclosed a payment receipt drafted under Mr Holiner's letterhead.
122. The Government submitted that this claim should be rejected in full.
123. On the basis of the material produced before it, the Court is satisfied that the legal fee claimed for the preparation of the applicant's observations is reasonable and that the expenses were actually incurred. Accordingly, the Court awards the applicant the entire amount claimed in respect of costs and expenses,

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