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
90. The applicant claimed compensation of 50,000 euros (EUR) in respect of non-pecuniary damage.
91. The Government argued that the finding of a violation in the case would constitute sufficient compensation.
92. The Court observes that it has found above that the authorities subjected the applicant to torture, in breach of Article 3 of the Convention. Under this provision it has also found that there was no effective investigation in respect of the events of 10 February 2001. Having regard to the applicant's young age, the seriousness of the violations of the Convention as well as to its established case-law (see Mikheyev v. Russia, No. 77617/01, § 163, 26 January 2006, and Selmouni v. France [GC], No. 25803/94, § 123, ECHR 1999-V), the Court awards the applicant EUR 35,000 for non-pecuniary damage, plus any tax that may be chargeable on that amount.
B. Costs and expenses
93. The applicants did not submit any claims under this head and the Court accordingly makes no award in respect of costs and expenses.
C. Default interest
94. 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. Holds that there has been a failure to comply with Article 38 § 1 (a) of the Convention in that the Government did not submit the documents requested by the Court;
2. Holds that there has been a violation of both the substantive and procedural aspects of Article 3 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 in accordance with Article 44 § 2 of the Convention, EUR 35,000 (thirty five thousand euros) in respect of non-pecuniary damage, plus any tax that may be chargeable to the applicant on this amount, to be converted into Russian roubles at the rate applicable at the date of settlement;
(b) 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;
4. Dismisses the remainder of the applicant's claim for just satisfaction.
Done in English, and notified in writing on 16 September 2010, pursuant to Rule 77 §§ 2 and 3 of the Rules of Court.
Christos ROZAKIS
President
{Soren} NIELSEN
Registrar
> 1 2 3 ... 10 11 12
Zaki.ru законы и право
поиск по сайту
каталог документов
добавить сайт Zaki.ru в избранное
Правовые акты международные
Правовые акты Российской Федерации
