Постановление Европейского суда по правам человека от 08.04.2010 «Дело Сабаев (Sabayev) против России» [англ.]

ber 2002, and the applicant complained about it in his letter of 1 February 2005.
43. It follows that this part of the application should be rejected pursuant to Article 35 §§ 1 and 4 of the Convention.

III. Application of Article 41 of the Convention

44. 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

45. The applicant considered that the outcome of the criminal proceedings in his case was erroneous and unjust and asked for 100,000 United States dollars to compensate for the alleged damage.
46. The Government submitted that the claims were unsubstantiated and generally excessive.
47. The Court observes, as stated above, that the Supreme Court amended the applicant's conviction in his absence and failed to notify him of the hearing. The Court considers that the applicant indisputably sustained non-pecuniary damage, which cannot be compensated solely by a finding of a violation. Deciding on an equitable basis, it awards him 3,000 euros for non-pecuniary damage, plus any tax that may be chargeable on this amount.

B. Costs and expenses

48. The applicant made no claim in respect of costs and expenses. The Court considers that there is no call to make an award under this head.

C. Default interest

49. 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 the fairness of the supervisory review proceedings before the Supreme Court admissible and the remainder of the application inadmissible;
2. Holds that there has been a violation of Article 6 § 1 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 3,000 (three thousand euros), plus any tax that may be chargeable, in respect of non-pecuniary damage, 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 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 8 April 2010, pursuant to Rule 77 §§ 2 and 3 of the Rules of Court.

Christos ROZAKIS
President

{Soren} NIELSEN
Registrar

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