Постановление Европейского суда по правам человека от 30.07.2009 «Дело Алехин (Alekhin) против России» [англ.]

VIII. Application of Article 41 of the Convention

176. 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

177. The applicant claimed 20,000 euros (EUR) in respect of non-pecuniary damage.
178. The Government considered that the claim was excessive. The finding of a violation would in itself constitute sufficient just satisfaction.
179. The Court observes that it has found violations of Article 5 §§ 3, 4 and 5 of the Convention on the ground that the length of the applicant's detention was not sufficiently justified, he was denied the right to have the lawfulness of his detention examined speedily and he had no enforceable right to compensation for his detention in violation of the requirements of Article 5. It finds that the applicant suffered non-pecuniary damage which would not be adequately compensated by the finding of a violation. The particular amount claimed is, however, excessive. Making its assessment on an equitable basis, the Court awards the applicant EUR 7,000 under this head, plus any tax that may be chargeable.

B. Costs and expenses

180. The applicant did not claim costs and expenses. Accordingly, there is no call to make an award under this head.

C. Default interest

181. 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 complaints concerning the excessive length of the applicant's detention, the alleged violation of his right to a speedy judicial decision concerning the lawfulness of his detention and the absence of an enforceable right to compensation for detention in violation of the requirements of Article 5 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 that there has been a violation of Article 5 § 4 of the Convention;
4. Holds that there has been a violation of Article 5 § 5 of the Convention;
5. 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 7,000 (seven 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;
6. Dismisses the remainder of the applicant's claim for just satisfaction.

Done in English, and notified in writing on 30 July 2009, pursuant to Rule 77 §§ 2 and 3 of the Rules of Court.

Nina {VAJIC}
President

{Soren} NIELSEN
Registrar






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