Постановление Европейского суда по правам человека от 15.01.2009 «Дело Медова (Medova) против России» [англ.]

wing amounts:
(i) EUR 35,000 (thirty-five thousand euros), plus any tax that may be chargeable, to be converted into Russian roubles at the rate applicable at the date of settlement, in respect of non-pecuniary damage;
(ii) EUR 6,420 (six thousand four hundred and twenty euros) and GBP 813,25 (eight hundred and thirteen pounds and twenty-five pence) in respect of costs and expenses, plus any tax that may be chargeable to the applicant, to be paid into her representatives' bank account in the United Kingdom;
(b) that from the expiry of the above-mentioned three months until settlement simple interest shall be payable on the above amounts at a rate equal to the marginal lending rate of the European Central Bank during the default period plus three percentage points;
13. Dismisses by six votes to one the remainder of the applicant's claim for just satisfaction.

Done in English, and notified in writing on 15 January 2009, pursuant to Rule 77 §§ 2 and 3 of the Rules of Court.

Christos ROZAKIS
President

{Soren} NIELSEN
Registrar





In accordance with Article 45 § 2 of the Convention and Rule 74 § 2 of the Rules of Court, the following partly dissenting opinion of Judge Dean Spielmann is annexed to this judgment.

C.L.R.

S.N.

PARTLY DISSENTING OPINION OF JUDGE SPIELMANN

I voted against point 13 of the operative part because I am of the opinion that the applicant's request for an investigation in line with Convention standards (see paragraph 142 of the judgment) should have been granted by the Court under Article 41 of the Convention.
This request concerns an investigation into the disappearance of Mr Adam Medov. In paragraph 112 of the judgment, the Court finds that the authorities failed to carry out an effective criminal investigation into the circumstances surrounding the disappearance of Mr Adam Medov, in breach of Article 2 in its procedural aspect.
In paragraphs 105 to 111, the Court identifies multiple shortcomings in the investigation.
I am of the opinion that many of these shortcomings (for example those relating to the failure to question Mr B. (paragraph 106) and to the information about the numerous requests or other measures (paragraph 107) might still be redressed in the particular circumstances of this case if an investigation were conducted even after so many years.
Article 41 empowers the Court to afford the injured party such satisfaction as appears to it to be appropriate.
It would therefore have been preferable to grant the applicant's request.






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