materially changed since the previous hearings. Taking into account that no new issues were examined during the hearing, that the prosecutor did not put forward any new argument, and that the basis for remand was not amended, the applicant's personal attendance was not required (see, by contrast, Mamedova, cited above, § 91, and {Grauzinis} v. Lithuania, No. 37975/97, § 34, 10 October 2000).
83. Finally, the Court finds it significant that counsel for the applicant, when questioned by the judge, stated clearly that she had no objections to the hearing being held in the applicant's absence (see paragraph 24 above).
84. It follows that this complaint is manifestly ill-founded and must be rejected in accordance with Article 35 §§ 3 and 4 of the Convention.
III. Application of Article 41 of the Convention
85. 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
86. The applicant claimed 7,000 euros (EUR) in respect of non-pecuniary damage.
87. The Government submitted that the claim was excessive and that the finding of a violation would in itself constitute sufficient just satisfaction.
88. The Court considers that the applicant has suffered non-pecuniary damage as a result of detention for more than five years which was not based on sufficient grounds. In these circumstances, the Court considers that the applicant's suffering and frustration cannot be compensated for by a mere finding of a violation. Making its assessment on an equitable basis, the Court awards the applicant the entire amount claimed by him, that is EUR 7,000, in respect of non-pecuniary damage, plus any tax that may be chargeable on it.
B. Costs and expenses
89. The applicant did not claim costs and expenses. Accordingly, there is no call to make an award under this head.
C. Default interest
90. 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 excessive length of the applicant's detention 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
(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;
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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