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





se no appearance of violations of the rights and freedoms set out in the Convention or its Protocols. It follows that this part of the application must be rejected as being manifestly ill-founded, pursuant to Article 35 §§ 3 and 4 of the Convention.

III. Application of Article 41 of the Convention

47. 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

48. The applicant submitted that as a result of racketeers' actions in the 1990s he had sustained pecuniary damage amounting to a total of 267,821,348 euros (EUR). He did not support his claims by any documents. The applicant also claimed EUR 100,000,000 for non-pecuniary damage.
49. The Government submitted that there had been no causal link between the alleged violation of Article 10 of the Convention and the pecuniary damage claimed. They further stated that the amount claimed as non-pecuniary damage was excessive.
50. The Court does not discern any causal link between the violation found and the pecuniary damage alleged; it therefore rejects this claim. On the other hand, it awards the applicant EUR 3,000 in respect of non-pecuniary damage.

B. Costs and expenses

51. The applicant also claimed around 30,000 Russian roubles (RUB) or EUR 833 for postal expenses incurred before the domestic authorities and the Court. He submitted invoices the majority of which stipulated that the applicant had sent letters to the Russian President, the Oktyabrskiy District Court, the Belgorod Regional Court, the State Duma and the prosecutors' offices at different levels. A few invoices confirmed that letters had been sent to the Court. Some invoices mentioned or confirmed that the applicant had spent sums of money at the Belgorod post office.
52. The Government made no comments on these claims.
53. According to the Court's case-law, an applicant is entitled to the reimbursement of costs and expenses only in so far as it has been shown that these have been actually and necessarily incurred and were reasonable as to quantum. In the present case, regard being had to the documents in its possession and the above criteria, the Court considers that it does not necessarily follow from the invoices submitted by the applicant that all the postal expenses claims were incurred in relation to the present application. It thus considers it reasonable to award the sum of EUR 100 covering costs under all heads.

C. Default interest

54. 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 under Article 10 of the Convention admissible and the remainder of the application inadmissible;
2. Holds that there has been a violation of Article 10 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, the following amounts 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:
(i) EUR 3,000 (three thousand euros) in respect of non-pecuniary damage; and
(ii) EUR 100 (one hundred euros) in respect of costs and expenses;
(b) that from the expiry of the above-mentioned three months until settlem



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