Постановление Европейского суда по правам человека от 29.04.2010 «Дело Юрий Яковлев (Yuriy Yakovlev) против России» [англ.]

e finding of a violation. Making its assessment on an equitable basis it awards the applicant EUR 2,400 in respect of non-pecuniary damage, plus any tax that may be chargeable on that amount.

B. Costs and expenses

96. The applicant did not seek reimbursement of costs and expenses and this is not a matter which the Court is required to examine of its own motion (see {Motiere} v. France, No. 39615/98, § 26, 5 December 2000).

C. Default interest

97. 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 an alleged violation of the applicant's right to trial within a reasonable time or release pending trial admissible and the remainder of the application inadmissible;
2. Holds that there has been a violation of Article 5 § 3 of the Convention;
3. Holds
(a) that the respondent State is to pay the applicant, within three months of the date on which the judgment becomes final in accordance with Article 44 § 2 of the Convention, EUR 2,400 (two thousand four hundred euros) in respect of non-pecuniary damage, to be converted into Russian roubles at the rate applicable on the date of the settlement, plus any tax that may be chargeable;
(b) that from the expiry of the above-mentioned three months until settlement simple interest shall be payable on the above amount 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 29 April 2010, pursuant to Rule 77 §§ 2 and 3 of the Rules of Court.

Nina {VAJIC}
President

{Andre} WAMPACH
Deputy Registrar






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