VLADIMIR KHARITONOV v. RUSSIA JUDGMENT
III. APPLICATION OF ARTICLE 41 OF THE CONVENTION
58. 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.”
59. The applicant claimed 20,000 euros (EUR) in respect of
non-pecuniary damage and EUR 5,700 for costs and expenses. He
submitted a copy of a legal-services contract with his representative before
the Court.
60. The Government submitted that the amount claimed was excessive
and that the applicant had not produced proof of payment.
61. The Court awards the applicant EUR 10,000 in respect of
non-pecuniary damage, plus any tax that may be chargeable. Having regard
to the amount of work which appears reasonable in the circumstances of the
case, it awards him EUR 2,000 in respect of costs and expenses, plus any
tax that may be chargeable on him.
62. 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 2,000 (two thousand 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
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