declaratory judgment reiterating what was in any event evident from the original judgment, namely that the State was to honour its debt (see Moroko, cited above, § 25). As to courts' capacity to order remedial action under Article 258 of the Code of Civil Procedure, this new judgment would not bring the applicant closer to his desired goal, that is the actual payment of the judicial award (see {Jasiuniene} v. Lithuania (dec.), No. 41510/98, 24 October 2000, and Plotnikovy v. Russia, No. 43883/02, § 16, 24 February 2005). It is indicative that, in the only example of application of this provision submitted to the Court (see paragraph 91 above), the Government did not specify if the defendant authority had effectively complied with the domestic court's order to pay the judicial award within one working day. The Court therefore considers that this remedy does not allow effective prevention of a violation on account of non-enforcement of a judgment against the State.
104. As to Article 315 of the Criminal Code mentioned by the Government and the wide array of sanctions it provides for, the Court does not exclude that such coercive action may contribute to change the attitude of those who unacceptably delay the execution of judgments. The Court has, however, seen no evidence of its effectiveness in practice. On the contrary, no use of this provision was made despite the applicant's repeated complaints to the competent authorities, including prosecutors (see paragraph 80 above). In these circumstances, the Court cannot consider this provision to be effective both in theory and in practice as required by Article 13 of the Convention.
(b) Compensatory remedies
(i) Pecuniary damage
105. The Court has also considered on several occasions the question of the effectiveness of certain compensatory remedies relied on by the Government.
106. As regards the compensation of pecuniary damage for delays in enforcement, the Government referred to the possibilities offered by Article 395 of the Civil Code and by Article 208 of the Code of Civil Procedure. As regards the former, the Court has been provided with little evidence demonstrating the effectiveness of this remedy. The two judgments quoted by the Government are far from showing the existence of a widespread and consistent case-law in this regard. On the contrary, in one of the two cases mentioned lower courts thrice rejected the claim for compensation lodged under Article 395 on the ground that the creditor had not proved that the debtor institution had used the unpaid sum for itself and was thus responsible under that provision. In this connection the Court refers to its finding that a remedy the use of which is conditional on the debtor's fault is impracticable in cases of non-enforcement of judgments by the State (see Moroko, cited above, § 29, and paragraphs 111 - 113 below).
107. The situation is different as regards the remedy provided for by Article 208 of the Code of Civil Procedure allowing index-linking of monetary awards. The Court notes that individuals, like the applicant, were frequently awarded compensation for inflation losses on the basis of Article 208 of the Code of Civil Procedure. Of particular importance is the fact emphasised by the Government and illustrated by specific examples that this compensation was calculated and awarded in a straightforward procedure without requiring the authorities' fault or unlawful action to be evidenced by the plaintiff. The Court further notes that this compensation is calculated on the basis of an objective official index of retail prices, which actually reflects the depreciation of the national currency (compare {Akkus} v. Turkey, 9 July 1997, §§ 30 - 31, Reports 1997-IV, and Aka v. Turkey, 23 September 1998, §§ 48 - 51, Reports 1998-VI). This remedy is thus capable of adequately compensating inflation losses. That the applicant was awarded such com
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