NAMAT ALIYEV v. AZERBAIJAN JUDGMENT
33
FOR THESE REASONS, THE COURT UNANIMOUSLY
1. Declares the complaints under Article 3 of Protocol No. 1 to the
Convention and Article 14 of the Convention admissible and the
remainder of the application inadmissible;
2. Holds that there has been a violation of Article 3 of Protocol No. 1 to the
Convention;
3. Holds that there is no need to examine separately the complaint under
Article 14 of the Convention;
4. Holds
(a) that the respondent State is to pay the applicant, within three months
of the date on which the judgment becomes final in accordance with
Article 44 § 2 of the Convention, the following amounts to be converted
into new Azerbaijani manats at the rate applicable on 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; and
(ii) EUR 1,600 (one thousand six hundred 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;
5. Dismisses the remainder of the applicant's claim for just satisfaction.
Done in English, and notified in writing on 8 April 2010, pursuant to
Rule 77 §§ 2 and 3 of the Rules of Court.
Søren Nielsen
Registrar
Christos Rozakis
President
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