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

Convention

118. 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."
119. On 15 March 2007 the Court invited the applicant to submit his claims for just satisfaction. He did not submit any claims within the required time-limit. Accordingly, the Court considers that there is no call to award him any sum on that account.

FOR THESE REASONS, THE COURT UNANIMOUSLY

1. Decides to join to the merits the question of exhaustion of domestic remedies in respect of the applicant's complaint concerning the excessive length of his detention after 24 December 2003 and rejects it;
2. Declares the complaints concerning the unlawfulness of the applicant's detention from 24 September to 24 December 2003, the excessive length of his detention, the failure of the domestic authorities to decide "speedily" on the lawfulness of his detention from 24 September to 24 December 2003 and the length of the criminal proceedings against him, admissible and the remainder of the application inadmissible;
3. Holds that there has been a violation of Article 5 § 1 (c) of the Convention on account of the applicant's detention from 24 to 25 September 2003;
4. Holds that there has been no violation of Article 5 § 1 (c) of the Convention on account of the applicant's detention from 25 September to 24 December 2003;
5. Holds that there has been a violation of Article 5 § 3 of the Convention;
6. Holds that there has been a violation of Article 5 § 4 of the Convention;
7. Holds that there has been a violation of Article 6 § 1 of the Convention;
8. Holds that there is no call to award the applicant 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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