Постановление Европейского суда по правам человека от 29.01.2009 "Дело "Червоненко (Chervonenko) против Российской Федерации" [рус., англ.]

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

42. The applicant claimed 100,000 United States dollars in respect of non-pecuniary damage.
43. The Government contested the claim as excessive and considered that any finding by the Court of a violation would constitute sufficient just satisfaction in the present case.
44. The Court considers that the applicant must have suffered distress and frustration as a result of the harsher penalty imposed in the criminal proceedings following the supervisory review. Making its assessment on an equitable basis, it awards the applicant 2,000 euros for non-pecuniary damage, plus any tax that may be chargeable on that amount.

B. Costs and expenses

45. The applicant did not submit any claims for costs and expenses. Accordingly the Court is not required to make any award under this head.

C. Default interest

46. 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. Holds that there has been a violation of Article 6 of the Convention;
2. Holds that no separate issue arises under Article 4 of Protocol No. 7 to 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 2,000 (two thousand euros) in respect of non-pecuniary damage, to be converted into the national currency of the respondent State at the rate applicable at the date of settlement, plus any tax that may be chargeable on that amount;
(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 29 January 2009, pursuant to Rule 77 §§ 2 and 3 of the Rules of Court.

Peer LORENZEN
President

Claudia WESTERDIEK
Registrar






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