DRAGOJEVIĆ v. CROATIA JUDGMENT
37
to quantum. In the present case, regard being had to the documents in its
possession and the above criteria, the Court considers it reasonable to award
the sum of EUR 2,160 plus any tax that may be chargeable, covering costs
for the proceedings before the Court.
C. Default interest
143. 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 8 of the Convention;
3. Holds that there has been no violation of Article 6 § 1 of the Convention
as regards the lack of impartiality of the trial bench;
4. Holds that there has been no violation of Article 6 § 1 of the Convention
as regards the use of evidence obtained by secret surveillance in the
criminal proceedings against the applicant;
5. 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 Croatian kunas, at the rate applicable at the date of settlement:
(i) EUR 7,500 (seven thousand five hundred euros), plus any tax
that may be chargeable, in respect of non-pecuniary damage;
(ii) EUR 2,160 (two thousand one hundred sixty 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;
6. Dismisses the remainder of the applicant’s claim for just satisfaction.
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