European Court of Human Rights

 

 

 

FIRST SECTION

 

 

 

 

 

 

CASE OF NOSOV AND OTHERS v. RUSSIA

 

(Applications nos. 9117/04 and 10441/04)

 

 

 

 

 

 

 

 

 

JUDGMENT

(Revision)

 

 

STRASBOURG

 

15 January 2015

 

 

 

 

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 Nosov and Others v. Russia, (request for revision of the judgment of 20 January 2014),

The European Court of Human Rights (First Section), sitting as a Chamber composed of:

          Isabelle Berro-Lefèvre, President,
          Khanlar Hajiyev,
          Mirjana Lazarova Trajkovska,
          Linos-Alexandre Sicilianos,
          Erik Møse,
          Ksenija Turković,
          Dmitry Dedov, judges,
and Søren Nielsen, Section Registrar,

Having deliberated in private on 16 December 2014,

Delivers the following judgment, which was adopted on that date:

PROCEDURE

1.  The case originated in two applications (nos. 9117/04 and 10441/04) against the Russian Federation lodged with the Court under Article 34 of the Convention for the Protection of Human Rights and Fundamental Freedoms (“the Convention”) by forty-one Russian nationals (“the applicants”), on 31 January and 3 February 2004.

2.  In a judgment delivered on 20 January 2014, the Court held that there had been a violation of Article 6 of the Convention and Article 1 of Protocol No. 1 in respect of the delayed execution of the judgments in the applicants’ favour. It further held that there had been no violation of Article 11 of the Convention. The Court also decided to award each applicant 2,000 euros (EUR) for non-pecuniary damage and EUR 350 to one of the applicants, Mr Aleksandr Albertovich Nosov, for costs and expenses and dismissed the remainder of the claims for just satisfaction.

3.  On 1 July 2014 the widow of one of the applicants informed the Court that her husband, Mr Mairan Zaurbekovich Ramonov, had died on 24 October 2013 and that she was his sole heir. She accordingly requested the Court to make corrections to the judgment.

4.  On 16 September 2014 the Court considered the possibility of revision of the judgment within the meaning of Rule 80 of the Rules of Court and decided to give the Government three weeks in which to submit any observations. In a letter of 29 October 2014 the Government informed the Court that they did not intend to submit any observations.

THE LAW

      THE REQUEST FOR REVISION

5.  Mrs Rita Khristoforovna Tekhova, the widow of one of the applicants, requested, in substance, revision of the judgment of 28 January 2014, which she would be unable to have executed because her husband, Mr Mairan Zaurbekovich Ramonov, had died before the judgment had been adopted. She was the heir and should therefore receive the sums awarded to the deceased.

6.  The Government stated that they had no observations to make on the request for revision.

7.  The Court considers that the judgment of 28 January 2014 should be revised pursuant to Rule 80 of the Rules of Court, the relevant parts of which provide:

“A party may, in the event of the discovery of a fact which might by its nature have a decisive influence and which, when a judgment was delivered, was unknown to the Court and could not reasonably have been known to that party, request the Court ... to revise that judgment.

...”

8.  It accordingly decides to award Mrs Rita Khristoforovna Tekhova the amount it previously awarded to her husband Mr Mairan Zaurbekovich Ramonov, namely EUR 2,000 for non-pecuniary damage.

9.  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.  Decides to revise its judgment of 28 January 2014 in so far as it concerns the claim made by the deceased applicant Mr Mairan Zaurbekovich Ramonov under Article 41 of the Convention;

 

and accordingly,

 

2.  Holds

(a)  that the respondent State is to pay Mrs Rita Khristoforovna Tekhova, within three months, EUR 2,000 (two thousand euros) in respect of non-pecuniary damage, to be converted into the currency of the respondent State 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 15 January 2015, pursuant to Rule 77 §§ 2 and 3 of the Rules of Court.

   Søren Nielsen                                                               Isabelle Berro-Lefèvre
       Registrar                                                                              President