judge could have clearly recalled the applicant's oral submissions made more than two years before the hearing of 9 July 2003. In such circumstances the Court considers that, although the applicant appeared before the district court on 13 June 2001, the lapse between the two court sessions negated any impact that the applicant's presence in the courtroom on that date may have had on the proceedings.
47. The parties do not dispute that the applicant asked the district court to ensure his presence at the hearing of 9 July 2003. However, nothing in the materials at the Court's disposal suggests that his request was properly addressed and answered. Thus, the applicant was obviously unable to decide on a course of action for the defence of his rights because he had not been notified of the decision refusing him leave to appear (see, mutatis mutandis, Khuzhin and Others, cited above, § 107).
48. Moreover, the district court made no attempts to explain to the applicant that he had a right to be represented at the hearing either by a lawyer or a layperson of his choosing. The Kostroma Regional Court, in turn, did not deem it necessary to remedy the situation despite the applicant's specific reference to the violation of the principle of equality of arms. Thus, the Court considers that the domestic courts failed to take any measures to secure the applicant's effective participation in the civil proceedings.
49. Lastly, the Court points out that, in order to ensure the applicant's participation in the hearing, it was open to the domestic courts to hold a session in the applicant's correctional facility (see paragraph 22 above). However, it does not appear that this option was ever considered.
50. The Court considers therefore that the applicant was not given an opportunity to present his arguments in a defamation case before a court either in person or through representation, in breach of the equality-of-arms principle.
51. There has thus been a violation of Article 6 § 1 of the Convention.
III. Application of Article 41 of the Convention
52. 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
53. The applicant claimed 10,000 euros (EUR) in respect of non-pecuniary damage he had sustained because of the alleged violations of the Convention.
54. The Government considered the amount claimed to be excessive.
55. The Court finds it appropriate to award the applicant EUR 6,000 in respect of non-pecuniary damage.
B. Costs and expenses
56. The applicant made no claims as regards the costs and expenses incurred both before the domestic courts and the Court.
57. Accordingly, the Court makes no award under this head.
C. Default interest
58. 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 there has been a violation of Article 6 § 2 of the Convention;
3. Holds that there has been a violation of Article 6 § 1 of the Convention;
4. 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 6,000 (six thousand euros), plus any tax that may be chargeable, in
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