BULGAKOV v. RUSSIA JUDGMENT
49. There has therefore been a violation of Article 13 of the Convention, taken
in conjunction with Article 10.
III. APPLICATION OF ARTICLE 41 OF THE CONVENTION
50. 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.”
51. The applicant asked the Court to determine the amount of compensation in
respect of non-pecuniary damage. He claimed 941 euros (EUR) in respect of legal
costs and postal expenses.
52. The Government submitted that no compensation should be awarded
because the applicant’s rights had not been violated.
53. The Court awards the applicant EUR 10,000 in respect of non-pecuniary
damage and the amount claimed in respect of costs and expenses, minus the EUR
850 granted by way of legal aid, plus any tax that may be chargeable to the
applicant.
54. The Court considers it appropriate that the default interest rate 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 application admissible;
2. Holds that there has been a violation of Article 10 of the Convention;
3. Holds that there has been a violation of Article 13 of the Convention, taken in
conjunction with Article 10;
4. 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, the following amounts, to be converted
into the currency of the respondent State at the rate applicable at the date of
settlement:
(i) EUR 10,000 (ten thousand euros), plus any tax that may be chargeable,
in respect of non-pecuniary damage;
(ii) EUR 91 (ninety-one euros), plus any tax that may be chargeable to the
applicant, in respect of costs and expenses;
(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.
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