Постановление Европейского суда по правам человека от 05.02.2009 "Дело "Сан (Sun) против Российской Федерации" [рус., англ.]

on of Article 41 of the Convention

35. 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."
36. The applicant did not submit a claim for just satisfaction. The Court considers therefore that there is no call to award him any sum on that account. It observes, however, that Article 413 § 4 (2) of the Code of Criminal Procedure of the Russian Federation provides for the reopening of the criminal proceedings if a violation of the Convention has been established. In the present case the Court found a violation of Article 1 of Protocol No. 1. Accordingly, it is open to the applicant to request the reopening of the criminal proceedings in so far as the domestic courts' findings were incompatible with the requirements of that Convention provision.

FOR THESE REASONS, THE COURT UNANIMOUSLY

1. Declares the application admissible;
2. Holds that there has been a violation of Article 1 of Protocol No. 1.

Done in English, and notified in writing on 5 February 2009, pursuant to Rule 77 §§ 2 and 3 of the Rules of Court.

Christos ROZAKIS
President

{Soren} NIELSEN
Registrar

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