Постановление Европейского суда по правам человека от 29.10.2009 «Дело Сатабаева (Satabayeva) против России» [англ.]

claims submitted by the applicant, the Court awards her the amount of EUR 5,640, less EUR 850 received by way of legal aid from the Council of Europe, together with any value-added tax that may be chargeable to the applicant, the net award to be paid into the representative's bank account, as identified by the applicant.

C. Default interest

171. 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

1. Dismisses the Government's preliminary objection;
2. Holds that there has been a violation of Article 2 of the Convention in respect of Yusup Satabayev;
3. Holds that there has been a violation of Article 2 of the Convention in respect of the failure to conduct an effective investigation into the circumstances in which Yusup Satabayev disappeared;
4. Holds that there has been a violation of Article 5 of the Convention in respect of Yusup Satabayev;
5. Holds that there has been a violation of Article 13 of the Convention in conjunction with Article 2 of the Convention;
6. Holds that no separate issues arise under Article 13 of the Convention in conjunction with Article 5 of the Convention;
7. Holds that there has been a failure to comply with Article 38 § 1 (a) of the Convention in that the Government have refused to submit documents requested by the Court;
8. Holds
(a) that the respondent State is to pay, 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:
(i) EUR 35,000 (thirty-five thousand euros), plus any tax that may be chargeable, to the applicant in respect of non-pecuniary damage;
(ii) EUR 4,790 (four thousand seven hundred ninety euros), plus any tax that may be chargeable, in respect of costs and expenses, to be paid into the representative's bank account;
(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;
9. Dismisses the remainder of the applicant's claim for just satisfaction.

Done in English, and notified in writing on 29 October 2009, pursuant to Rule 77 §§ 2 and 3 of the Rules of Court.

Christos ROZAKIS
President

{Soren} NIELSEN
Registrar

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