urt does not discern any causal link between the violation found and the pecuniary damage alleged; it therefore rejects this claim. It further observes that a part of the applicant's claim for non-pecuniary damage relates to the authorities' alleged failure to provide him with medical assistance. However, those allegations have not been examined in the present case and the Court therefore rejects the claim in that part. On the other hand, the Court considers that the applicant must have suffered distress and frustration from violation of his right to a fair hearing. However, the amount claimed appears to be excessive. Making its assessment on an equitable basis, the Court awards the applicant EUR 1,000 in that respect, plus any tax that may be chargeable on that amount.
B. Costs and expenses
66. The applicant also claimed EUR 50,000 for the costs and expenses which he would have in future in order to rehabilitate himself and to bring proceedings for compensation against the domestic authorities.
67. The Government contested the claim.
68. According to the Court's case-law, an applicant is entitled to reimbursement of his costs and expenses only in so far as it has been shown that these have been actually and necessarily incurred and are reasonable as to quantum. In the present case, regard being had to the information in its possession and the above criteria, the Court rejects the applicant's claim for prospective costs and expenses.
C. Default interest
69. 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 applicant's absence from the appeal hearing of 1 July 2002 admissible and the remainder of the application inadmissible;
2. Holds that there has been a violation of Article 6 § 1 in conjunction with Article 6 § 3 (c) 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 1,000 (one 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;
4. Dismisses the remainder of the applicant's claim for just satisfaction.
Done in English, and notified in writing on 12 February 2009, pursuant to Rule 77 §§ 2 and 3 of the Rules of Court.
Christos ROZAKIS
President
{Soren} NIELSEN
Registrar
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