(Application no. 22684/05)
2 April 2009
This judgment will become final in the circumstances set out in Article 44 § 2 of the Convention. It may be subject to editorial revision.
In the case of Muradova v. Azerbaijan,
The European Court of Human Rights (First Section), sitting as a Chamber composed of:
Christos Rozakis, President,
George Nicolaou, judges,
and Søren Nielsen, Section Registrar,
Having deliberated in private on 12 March 2009,
Delivers the following judgment, which was adopted on that date:
I. THE CIRCUMSTANCES OF THE CASE
A. Events of 15 and 16 October 2003
1. The applicant's version of the facts
2. The Government's version of the facts
B. Initial medical treatment received by the applicant
C. Criminal investigation
1. Criminal complaint and interrogation of the applicant
“... I wanted to go home. When I was walking between the trees [in one corner of Azadliq Square] I was pushed from behind by people who were running past me and fell to the ground. ... I asked an approaching policeman, who was dressed in a helmet and black uniform and was holding a truncheon and a shield, to help me stand up. Instead of helping me, the policeman hit me over my right eye with the truncheon. I held my eye crying, and when I said to him: “What have I done to you that you hit me?”, I saw him raising his arm to hit me again. At this point I felt that some other policemen standing nearby said something to him, and then all of them went away from me. I could not see any rank insignia on their shoulders. I would not be able to recognise the policeman who hit me and the policemen who were near him. It is possible that some of the civilians who were nearby saw [this incident], but I do not know specifically who witnessed it. I stood up by myself and while I was hobbling in the direction of Pharmacy no. 259, an unknown old man took me by the arm and accompanied me to the pharmacy so that I could get medical aid. That man left after we arrived at the pharmacy. The pharmacy was all covered with blood, [and] there were several injured civilians inside. At this point some soldiers approached the pharmacy and started knocking on the window, and a grey-haired old woman who was an employee of the pharmacy [admonished them]. At the same time, when I.G., whom I recognised because he used to be a television journalist, tried to open the door of the pharmacy [from inside], one of the soldiers [who was standing outside] tried to hit him with a truncheon but missed. The reason [I.G. wanted to open the door and go outside] was that he wanted to call an ambulance for the injured... After a while an ambulance took us to a hospital... In the hospital, I received stitches on my wounded eyebrow, and the next day I was transferred to the Institute of Eye Diseases... There I underwent an operation which lasted about 3 hours... However, the surgery did not help and my right eye became completely blind...”
2. First Forensic Report
“The size of the right eyeball has shrunk, and [the eyeball] has sunk into the eye socket. The symmetry of the right eye and the left eye has been disrupted and remains in a deformed state. The circumference of the right eye's cornea is [diminished] in comparison with the left eye's cornea. Its anterior spherical shape is deformed. A [scar] is observable on the upper side of the cornea. The round shape of the right eye's iris is deformed and contains a whitish substance. There is a slanted whitish scar measuring 3x0.5 cm on the right supraorbital ridge.”
3. Second Forensic Report
“4. To determine whether the loss by M. Muradova of the vision in her right eye was the direct result of the initial injury or of any errors committed during the subsequent medical treatment.
5. To determine whether the injury sustained by M. Muradova was caused in the circumstances described by her, i.e. as a result of falling down during the incident or as a result of being struck with a truncheon by a policeman.”
“4. The full loss by M. Muradova of the vision in her right eye was caused by the trauma suffered by her.
5. No damage typically attributatle to a police truncheon have been discovered on M. Muradova's person.”
4. Discontinuation of the criminal investigation
D. Civil action
“On 16 October 2003 I saw M. Muradova, who was wounded in her eye, in Pharmacy no. 259. At that time, some policemen tried to enter the pharmacy and, when I wanted to open the entrance door, they tried to kick me. I did not see who had hit M. Muradova and cannot say anything in this respect.
[Answers to cross-interrogation by the applicant's counsel:]
- No, I did not see the claimant M. Muradova being hit by a policeman.
- Yes, as M. Muradova was injured, I called an ambulance on that day.
- Yes, when I saw M. Muradova at Azadliq Square, her eye had already been put out and her face was covered with blood.
- Yes, when I opened the door of the pharmacy, [they] wanted to kick me, but I evaded the kick by quickly closing the door.
[Answer to cross-interrogation by the defendant's counsel:]
- No, I did not see the claimant M. Muradova being hit by a policeman.”
“[People] were gathering at Azadliq Square at around 2 p.m. on 16 October 2003. At that time I was near the Government House [located on Azadliq Square], and I saw the police and special forces attack the people who had gathered at Azadliq Square without any warning and start to beat them with truncheons. I was there on that day and I saw the claimant, whose name I learnt thereafter, falling to the ground as a result of being pushed [in the crowd] and [I saw] police officers in black uniforms, wearing protective helmets on their heads and holding truncheons in their hands. She [the applicant] extended her arm towards those police officers and asked them to help her stand up, but one of the police officers struck her forcefully in her right eye with his truncheon. When the police officer attempted to hit her again, she evaded the blow by moving away her head. Then some civilians took her to Pharmacy no. 259 which was located nearby. She was given some first aid in the pharmacy and thereafter she and other injured people in the pharmacy were taken to hospital by ambulance.
[Answers to cross-interrogation by the applicant's counsel:]
- Yes, I was among those who gathered at Azadliq Square on 16 October 2003.
- Yes, M. Muradova, whom I had not known before, was there on that day.
- Yes, on 16 October 2003 I saw that M. Muradova fell to the ground and that one of the police officers hit her with the truncheon that he was holding.
- Yes, M. Muradova's eye was injured as a result of the blow inflicted by the police officer.
- Yes, she was given medical aid in the 'Green Pharmacy' located nearby and was then taken to a hospital by an ambulance.
[Answer to cross-interrogation by the defendant's counsel:]
- No, I would not be able to recognise the police officer who hit M. Muradova.
- Yes, I had known [G.G.] before, but I saw M. Muradova for the first time at [Azadliq Square].”
“I had not known the claimant before. I was an observer in Polling Station no. 246 during the presidential election of 15 October 2003. At around 2-3 p.m. on 16 October 2003, near Azadliq Square, I saw M. Muradova fall to the ground and ask some masked police officers with truncheons in their hands not to hit her, but one of the police officers hit M. Muradova with his truncheon and, as a result, her eye was injured. I bought medication for [the applicant] from the 'Green Pharmacy'.
[Answers to cross-interrogation by the applicant's counsel:]
- Yes, on 16 October 2003 I saw M. Muradova, whose name I learnt later, falling to the ground at Azadliq Square.
- Yes, on 16 October 2003 one of the police officers who were at Azadliq Square hit M. Muradova in the eye area with his truncheon.
- No, I had not known M. Muradova before.
- Yes, one man brought M. Muradova, I saw that her eye was bleeding.
[Answer to cross-interrogation by the defendant's counsel:]
- Yes, I was told that the medication necessary for M. Muradova was available at the 'Green Pharmacy', located nearby.”
“During the hearing Ms G.G., heard by the court as a witness, testified that she had not personally known M. Muradova previously. ... At around 2-3 p.m. on 16 October 2003 she saw that M. Muradova fell to the ground and that she asked the masked policemen, holding truncheons in their hands, not to hit her. However, one of the policemen hit M. Muradova with his truncheon. As a result, M. Muradova suffered an injury to her eye. [The witness] bought some medication for M. Muradova from the 'Green Pharmacy'.
Ms A.A., a witness, gave a similar testimony.
Mr I.G., a witness, testified that on 16 October 2003 he saw M. Muradova with an injured eye in Pharmacy no. 259. ... He did not see who had beaten the applicant.
In accordance with Article 77.1 of the Code of Criminal Procedure of the Republic of Azerbaijan, each party must prove any allegations which it makes in support of its claims and objections.
During the hearing, M. Muradova has failed to prove the allegations she made in her judicial claim.
The court finds that the testimonies of witnesses heard during the trial cannot serve as a ground for upholding the applicant's claim.
Having assessed the above, the court concludes that the claim must be rejected as unsubstantiated.”
II. RELEVANT DOMESTIC LAW
A. Use of force
1. Law on Police of 8 October 1999
2. Law on Status of Internal Troops of 8 February 1994
B. Criminal procedure
C. Civil procedure
66. Under Article 77.1 of the Code of Civil Procedure of 2000 (“the CCP”), each party in civil proceedings bears the burden of proving the grounds for their respective claims and objections.
67. Under Article 254.1.4 of the CCP, a judge must suspend the civil proceedings if it is impossible to examine the claim prior to the completion of another set of constitutional, civil, criminal or administrative proceedings precluding such examination.
68. Under Article 265.4 of the CCP, if upon examination of a civil claim a court discloses an appearance of criminal elements in the actions of the parties to the case or other persons, it must deliver a special ruling (xüsusi qərardad) informing a public prosecutor thereof.
III. RELEVANT INTERNATIONAL REPORTS AND DOCUMENTS
A. Basic principles on the use of force adopted by the UN
“Law enforcement officials may use force only when strictly necessary and to the extent required for the performance of their duty.”
“No law enforcement official may inflict, instigate or tolerate any act of torture or other cruel, inhuman or degrading treatment or punishment, nor may any law enforcement official invoke superior orders or exceptional circumstances such as a state of war or a threat of war, a threat to national security, internal political instability or any other public emergency as a justification of torture or other cruel, inhuman or degrading treatment or punishment.”
“... 2. Governments and law enforcement agencies should develop a range of means as broad as possible and equip law enforcement officials with various types of weapons and ammunition that would allow for a differentiated use of force and firearms. These should include the development of non-lethal incapacitating weapons for use in appropriate situations, with a view to increasingly restraining the application of means capable of causing death or injury to persons. For the same purpose, it should also be possible for law enforcement officials to be equipped with self-defensive equipment such as shields, helmets, bullet-proof vests and bullet-proof means of transportation, in order to decrease the need to use weapons of any kind.
3. The development and deployment of non-lethal incapacitating weapons should be carefully evaluated in order to minimize the risk of endangering uninvolved persons, and the use of such weapons should be carefully controlled.
4. Law enforcement officials, in carrying out their duty, shall, as far as possible, apply non-violent means before resorting to the use of force and firearms. They may use force and firearms only if other means remain ineffective or without any promise of achieving the intended result.
5. Whenever the lawful use of force and firearms is unavoidable, law enforcement officials shall:
(a) Exercise restraint in such use and act in proportion to the seriousness of the offence and the legitimate objective to be achieved;
(b) Minimize damage and injury, and respect and preserve human life;
(c) Ensure that assistance and medical aid are rendered to any injured or affected persons at the earliest possible moment; ...
6. Where injury or death is caused by the use of force and firearms by law enforcement officials, they shall report the incident promptly to their superiors, in accordance with principle 22.
7. Governments shall ensure that arbitrary or abusive use of force and firearms by law enforcement officials is punished as a criminal offence under their law.
8. Exceptional circumstances such as internal political instability or any other public emergency may not be invoked to justify any departure from these basic principles. ...
... 22. Governments and law enforcement agencies shall establish effective reporting and review procedures for all incidents referred to in principles 6 and 11 (f). For incidents reported pursuant to these principles, Governments and law enforcement agencies shall ensure that an effective review process is available and that independent administrative or prosecutorial authorities are in a position to exercise jurisdiction in appropriate circumstances. In cases of death and serious injury or other grave consequences, a detailed report shall be sent promptly to the competent authorities responsible for administrative review and judicial control.
23. Persons affected by the use of force and firearms or their legal representatives shall have access to an independent process, including a judicial process. In the event of the death of such persons, this provision shall apply to their dependants accordingly.
24. Governments and law enforcement agencies shall ensure that superior officers are held responsible if they know, or should have known, that law enforcement officials under their command are resorting, or have resorted, to the unlawful use of force and firearms, and they did not take all measures in their power to prevent, suppress or report such use.”
B. Reports by international bodies and human rights NGOs
“D. Post-election events
34. Security forces maintained a heavy presence around Musavat headquarters since early afternoon on polling day. In the evening supporters of the Musavat party gathered in front of the party's office and this meeting, although not authorized by the authorities, was described as rather peaceful. Shortly after the closing of the poling stations, Musavat supporters announced the victory of the leaders of the party. Some turmoil started and the demonstration was strongly repressed by policemen. Alleging they had to enter the party office to arrest party officials, security forces started to use force against the protesters and violent fights followed.
35. Once the preliminary final results had been announced on the following day, the Musavat party denounced them as unrealistic and falsified and called for a demonstration in the main square of the capital. During the demonstration, the demonstrators stole a police vehicle and charged against the police forces killing a policeman. In the clashes which followed, several persons, both demonstrators and policemen, were seriously wounded. Several other sources indicated that four persons died during the clashes.”
“In the immediate aftermath of the elections, demonstrations took place on 15 and 16 October, which resulted in violent clashes between security forces and demonstrators in Baku.
On the evening of 15 October in front of the Musavat Party Headquarters, members of the OSCE/ODIHR Election Observation Mission witnessed police attacking peaceful pro-opposition supporters. On 16 October, several thousand demonstrators and pro-opposition supporters gathered in Azadliq Square in the centre of Baku to protest what they considered to have been a stolen election.
On their way to the square demonstrators were witnessed vandalizing buildings and vehicles, and attacking police forces with metal bars and stones. At the square, demonstrators were rapidly surrounded by police and security forces, which used overwhelming force to disperse the crowd. Security forces were witnessed beating demonstrators with truncheons after they had been detained and no longer posed any danger or as they were fleeing the area. Video tape recordings provide evidence of the scale of excessive force and brutality used by government forces to overwhelm the demonstrators.
The violence was followed by a wave of detentions. According to officials, the detainees were persons involved in the violent activities or responsible for organizing the violence. ... The Minister of Interior reported that over 600 persons were detained following the violent clashes. ...
The majority of the people detained in connection with the elections were later released without charge. In total, 129 persons were charged with criminal offences in connection with the post-election clashes, of whom 125 had been brought to trial at the time this report was prepared. ...
At the time of the writing of this report, the OSCE/ODIHR was unaware of any cases of charges having been brought against police officers or other officials for brutality or excessive use of force against demonstrators.”
“On the evening of 15 October and the following day, clashes between the police (and the military) and protesters grew into a massively violent confrontation as the opposition protested the flawed elections. The police and the military surrounded the Azadliq (Liberty) Square using tear gas, rubber bullets, police dogs and truncheons on protesters. They brutally beat protesters, even after they had fallen to the ground, injuring scores of people, as well as members of the press. Many police officers were also injured. At the time of this writing the number of casualties was not year clear: depending on sources, two to four deaths were reported, along with dozens of injuries, including a five-year old child. Azerbaijani authorities maintained that the mass unrest was instigated by the opposition leaders in order to destabilize Azerbaijan, but according to numerous accounts, the police actions were unprovoked.”
“On 16 October, opposition activists tried to conduct an unapproved meeting at Azadliq, the central plaza in Baku. They were beaten by the police. One of the activists, 52-year old Hamidaga Zahidov, was beaten to death by police, while hundreds of others were injured. The protesters resisted by throwing stones and injuring dozens of policemen. In the ensuing criminal investigation, police cruelty was not investigated at all. Moreover, in a joint statement by the Ministry of Internal Affairs and the Prosecutor's Office, the opposition was accused for being responsible for the death of a protester.”
“On October 16, a large crowd gathered for an unsanctioned demonstration in downtown Baku that turned violent. Protestors marched from Musavat headquarters to Azadliq Square and along the way beat dozens of security officers, destroyed security forces' vehicles, and damaged government buildings. As several thousand security forces surrounded the square, a group of protestors attacked the security forces, who stormed the demonstrators with tear gas and truncheons, while unknown demonstrators drove a stolen military truck into police lines. Security forces responded with excessive force, beating many demonstrators, sometimes to the point of unconsciousness and even after they were trying to leave the area or were detained, killing one and reportedly injuring at least 300 persons.”
“Thousands of opposition protesters took to the streets of Baku, the capital, at 2:00 p.m. yesterday. The demonstration quickly grew violent, in part because once the protesters began to congregate, police and military forces immediately surrounded them. The protesters drove away members of the security forces there and marched to Baku's Azadliq (Freedom) Square. During their march, protesters severely beat some police officers and soldiers, who remain hospitalized. The protesters also destroyed a number of police and military vehicles, and damaged government buildings along the way.
Soon after the opposition protesters arrived at Azadliq Square, several thousand riot police and military troops surrounded the entire plaza. Riot police and military stormed the opposition protest, using tear gas, rubber bullets, police dogs and truncheons. From the roof of a nearby building, a Human Rights Watch researcher saw police and military troops chase down protesters, surround them and viciously beat them. Many of the protesters continued to be beaten after they had fallen to the ground. Human Rights Watch observed a number of civilian pro-governmental supporters participating in the beatings with the security forces.
Police beat to death at least one person, Hamidagha Zakhidov, 52, whose body Human Rights Watch viewed after the protests. His body was completely black and blue, and his head smashed and bloody...
So far, an estimated 300 persons have sustained serious injuries during the clashes, according to local hospital officials and other sources. Many of the wounded were unable to walk and had to be carried away from the square. Human Rights Watch has conducted interviews with more than a dozen of the wounded, all of who describe being surrounded by groups of riot police and military troops who beat them severely, leaving many unconscious. ... Also among the injured are several dozen police and army personnel.”
Over one hundred opposition party members and supporters were tried on charges relating to the post-election violence. Only four were released on bail, the rest remained in pre-trial detention for up to six months. Azerbaijani courts convicted all of the defendants, sentencing forty-six people to custodial sentences ranging from two to six years. The remainder were released on three- to five-year suspended prison sentences. On October 22, the Court of Grave Crimes sentenced seven opposition leaders to between two-and-a-half and five years in prison for their role in the post election violence.”
I. ALLEGED VIOLATION OF ARTICLE 3 OF THE CONVENTION
“No one shall be subjected to torture or to inhuman or degrading treatment or punishment.”
1. The parties' submissions
2. The Court's assessment
1. The parties' submissions
2. The Court's assessment
(a) General principles
(i) As to the substantive limb of Article 3
(ii) As to the procedural limb of Article 3
(b) Application of these principles in the present case
(i) Distribution of burden of proof
(ii) Establishment of the cause of the applicant's injuries and assessment of the severity of ill-treatment
124. Moreover, the Court observes that, by a letter of 18 May 2004, the Chief Prosecutor's Office informed the Nasimi District Court of the fact that criminal proceedings were pending in respect of the same allegations as the applicant had made in the civil proceedings. Accordingly, both the civil court and the criminal investigation authorities were informed that each of them was conducting separate proceedings in respect of the same allegations of ill-treatment, yet each failed to inquire about the outcome of the other proceedings. Such lack of diligence is especially startling on the part of the investigation authorities, who are under an obligation to take whatever reasonable steps they can to secure all available evidence concerning the allegations of ill-treatment (see Mammadov, cited above, § 74). Had the investigator inquired about the outcome of the civil proceedings, he would have been aware of the fact that the applicant had presented new evidence in support of her allegations.
125. In the light of such lack of diligence on the part of the domestic investigation authorities, the applicant's failure to inform the investigator about A.A.'s and G.G.'s statements cannot be held against her, as what she had done was sufficient to bring this evidence to the authorities' attention. The authorities' failure to take due account of these witnesses' statements in the framework of the criminal investigation largely contributed to the ineffectiveness of the investigation.
126. Furthermore, the investigation authorities have not made any attempts to seek and hear testimony of those persons whom the applicant expressly identified, either by name or description, in her testimony of 13 and 16 March 2004 (see paragraph 25 above), namely I.G. (who also later testified during the civil hearing) and a grey-haired woman who was an employee of Pharmacy no. 259. Moreover, although the applicant specifically stated that she had been taken to the emergency clinic from the pharmacy, the investigation authorities have sought neither the emergency clinic's records as to ambulance calls on 16 October 2003, nor the testimonies of the doctors, paramedics and the driver of the ambulance which took the applicant to the clinic. No explanation was provided by the Government for the authorities' failure to do so. Statements by these witnesses might very well have helped in determining the veracity of the applicant's allegations.
127. Instead, the investigation authorities limited themselves to questioning eight other witnesses who were, in the Court's opinion, very remotely, if at all, connected to the alleged incident. Based on the available documents, it appears that these witnesses were questioned about one year after the alleged incident and were simply shown a single photograph of the applicant for identification purposes.
128. Six of those witnesses were police officers present at Azadliq Square or nearby areas on 16 October 2003. In the absence of any other explanation, it appears that they were chosen at random from among the scores of police officers who were there on that day. It has not been shown in what possible way the testimonies of these random police officers might have been helpful in establishing the facts of the case. In any event, the Court considers that these police officers' denials should not be taken at face value, given the fact that a finding of the applicant's ill-treatment could render them or their colleagues liable criminally or otherwise (compare with Mammadov, cited above, § 75; Afanasyev v. Ukraine, no. 38722/02, § 76, 5 April 2005; and Akkoç v. Turkey, nos. 22947/93 and 22948/93, § 89, ECHR 2000 X).
129. The investigator also relied on statements by A.V. and R.G., who claimed to be employees of Pharmacy no. 259. Having been shown a photograph of the applicant, these witnesses did not recognise her and denied having seen her in their pharmacy on 16 October 2003. Their statements contradicted the applicant's version of events and the statements by A.A., G.G. and I.G. The Court notes, however, that the applicant was never given an opportunity to confront A.V. and R.G. personally in order to challenge their credibility and the veracity of their statements. Moreover, due to the investigator's failure to obtain statements from A.A., G.G. and I.G. and to attempt to identify and interrogate other relevant witnesses (see paragraph 126 above), the investigation was deprived of the benefit of evaluating the statements of A.V. and R.G. in the light of more numerous witness statements which corroborated the applicant's allegations. For these reasons, the Court has serious doubts as to the reliability of A.V.'s and R.G.'s statements and considers that they also fail to stand up to scrutiny.
130. Moreover, the Court considers that there were a number of other factors which contributed to the ineffectiveness of the domestic investigation and, as such, undermine the plausibility of the explanations provided by the Government in the present case. In particular, despite serious allegations of ill-treatment, the applicant was not recognised as a “victim of crime”, which significantly restricted her ability to participate in the investigation and challenge the investigator's actions (see paragraphs 61-62 above). Also, the investigation was dilatory. The State forensic experts took inexplicably lengthy periods of time to conduct the forensic examinations requested by the investigation authorities. Whereas, as shown above, no effective steps had been taken to investigate the circumstances of the incident, it took around nine months before the investigator decided to discontinue the investigation.
131. Lastly, although in the present case the Government produced a copy of the investigator's letter of 26 November 2004 notifying the applicant of the decision to discontinue the investigation (see paragraph 81 above), this letter was not post-marked and the Government put forward no other evidence that this letter, together with the decision of 26 November 2004 on discontinuation of the investigation, had actually been sent to the applicant or otherwise delivered to her. The Court therefore finds that the applicant was not duly informed of this decision. In such circumstances, she was deprived of the possibility to request a court to review the lawfulness of this decision, a means by which she could have challenged, inter alia, the reliability of the two forensic reports and complained about other shortcomings committed by the investigation authorities, including their failure to obtain crucial witness statements.
132. Having regard to the above, the Court considers that the domestic authorities failed to conduct an effective and independent investigation into the circumstances surrounding the injuries sustained by the applicant on 16 October 2003 and that the explanations provided by the Government cannot be regarded as satisfactory and convincing. Having regard to the applicant's allegations, corroborated by sufficiently strong and concordant evidence, and in view of the absence of a plausible explanation by the Government, the Court finds that the applicant's injuries resulted from the use of force by the police and, specifically, from her being struck by a truncheon wielded by an unidentified police officer.
II. ALLEGED VIOLATIONS OF ARTICLES 6 AND 13 OF THE CONVENTION
“In the determination of his civil rights and obligations ... everyone is entitled to a fair ... hearing ... by [a] ... tribunal ...”
“Everyone whose rights and freedoms as set forth in [the] Convention are violated shall have an effective remedy before a national authority notwithstanding that the violation has been committed by persons acting in an official capacity.”
III. APPLICATION OF ARTICLE 41 OF THE CONVENTION
“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.”
B. Costs and expenses
C. Default interest
FOR THESE REASONS, THE COURT UNANIMOUSLY
(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 25,000 (twenty five thousand euros), plus any tax that may be chargeable, in respect of non-pecuniary damage, to be converted into New Azerbaijani manats at the rate applicable at the date of settlement;
(b) that from the expiry of the above-mentioned three months until settlement simple interest shall be payable on the above amount at a rate equal to the marginal lending rate of the European Central Bank during the default period plus three percentage points;
Done in English, and notified in writing on 2 April 2009, pursuant to Rule 77 §§ 2 and 3 of the Rules of Court.
Søren Nielsen Christos Rozakis