ingement of his rights as guaranteed by Article 6 of the Convention he should, as far as possible, be put in the position in which he would have been had the requirements of that provision not been disregarded, and that the most appropriate form of redress would, in principle, be trial de novo or the reopening of the proceedings, if requested (see {Ocalan} v. Turkey [GC], No. 46221/99, § 210 in fine, ECHR 2005-IV, and Popov v. Russia, No. 26853/04, § 264, 13 July 2006). The Court notes, in this connection, that Article 413 of the Russian Code of Criminal Procedure provides that criminal proceedings may be reopened if the Court finds a violation of the Convention (see paragraph 35 above).
113. As to the applicant's claims in respect of non-pecuniary damage, the Grand Chamber fully endorses the Chamber's conclusion under Article 41 of the Convention: thus it decides that the applicant sustained non-pecuniary damage which would not be adequately compensated by the finding of a violation alone. Making its assessment on an equitable basis, it awards the applicant EUR 2,000 under this head with EUR 120 for costs and expenses, plus any tax that may be chargeable on those amounts.
114. In addition, the applicant submitted claims for outstanding costs and expenses relating to the proceedings before the Grand Chamber in the amount of RUB 1,400 (postal expenses) and RUB 750 (translation expenses). He submitted documents supporting his claim. The Government accepted that claim. Having regard to all the materials in its possession, the Court therefore awards the applicant EUR 54 in respect of additional costs and expenses incurred in the proceedings before the Grand Chamber, plus any tax that may be chargeable on that amount.
115. 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. Dismisses the Government's objection of non-exhaustion;
2. Joins to the merits the Government's preliminary objection concerning the applicant's victim status;
3. Holds that the applicant has the status of "victim" for the purposes of Article 34 of the Convention in respect of his original complaint alleging unfairness of the appeal proceedings of 2002 and rejects the Government's preliminary objection in this respect;
4. Holds that there has been a violation of Article 6 § 1 of the Convention taken in conjunction with Article 6 § 3 (c) 1 thereof in the proceedings taken as a whole, which ended with the judgment of 29 November 2007;
5. Holds
(a) that the respondent State is to pay the applicant, within three months, EUR 2,000 (two thousand euros) in respect of non-pecuniary damage, to be converted into Russian roubles at the rate applicable at the date of settlement, plus any tax that may be chargeable;
(b) that the respondent State is to pay the applicant, within three months, EUR 174 (one hundred and seventy four euros) in respect of costs and expenses, to be converted into Russian roubles at the rate applicable at the date of settlement, plus any tax that may be chargeable to the applicant; and
(c) 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;
6. Dismisses the remainder of the applicant's claim for just satisfaction.
Done in English and in French, and notified at a public hearing on 2 November 2010 pursuant to Rule 77 §§ 2 and 3 of the Rules of Court.
Jean-Paul COSTA
President
Michael O'BOYLE
Deputy Registr
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