Feb. 24., 2009 | 11:42 am
No:: stihija
2. Joins to the merits the Government's preliminary objections concerning the failure to appeal against the decision of 8 September 2005 and the failure to lodge a civil action pursuant to Article 308 of the Criminal Procedure Code;
3. Declares the application admissible;
4. Holds that there has been no violation of Article 1 of Protocol No. 1 to the Convention;
5. Holds that there has been a violation of Article 6 § 1 of the Convention and that no separate issue arises under Article 13 of the Convention;
6. 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 EUR 8,000 (eight thousand euros), plus any tax that may be chargeable, in respect of non-pecuniary damage;
(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;
7. Dismisses the remainder of the applicant's claim for just satisfaction.
Done in English, and notified in writing on 14 October 2008, pursuant to Rule 77 §§ 2 and 3 of the Rules of Court.
3. Declares the application admissible;
4. Holds that there has been no violation of Article 1 of Protocol No. 1 to the Convention;
5. Holds that there has been a violation of Article 6 § 1 of the Convention and that no separate issue arises under Article 13 of the Convention;
6. 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 EUR 8,000 (eight thousand euros), plus any tax that may be chargeable, in respect of non-pecuniary damage;
(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;
7. Dismisses the remainder of the applicant's claim for just satisfaction.
Done in English, and notified in writing on 14 October 2008, pursuant to Rule 77 §§ 2 and 3 of the Rules of Court.