Постановление Европейского суда по правам человека от 08.07.2010 <Дело Абдулажон Исаков (Abdulazhon Isakov) против России» [англ.]

possession and the above criteria, the Court considers it reasonable to award the sum of EUR 5,500 covering costs under all heads.

C. Default interest

148. 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 application admissible;
2. Holds that in the event of the extradition order against the applicant being enforced, there would be a violation of Article 3 of the Convention;
3. Holds that there has been a violation of Article 5 § 1 of the Convention;
4. Holds that there has been a violation of Article 5 § 4 of the Convention;
5. Holds that there has been a violation of Article 13 in conjunction with Article 3 of the Convention;
6. Holds that there is no need to examine the alleged violation of Article 13 in connection with Article 5 of the Convention;
7. 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:
(i) EUR 20,000 (twenty thousand euros), plus any tax that may be chargeable, in respect of non-pecuniary damage;
(ii) EUR 5,500 (five thousand five hundred euros) for costs and expenses, to be converted into pounds sterling at the rate applicable at the date of settlement and paid into the bank account in London indicated by the applicant;
(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;
8. Dismisses the remainder of the applicant's claim for just satisfaction.

Done in English, and notified in writing on 8 July 2010, pursuant to Rule 77 §§ 2 and 3 of the Rules of Court.

Christos ROZAKIS
President

{Soren} NIELSEN
Registrar






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