18.07.2007
COUR EUROPEENNE
DES
DROITS DE L'HOMME
EUROPEAN COURT
OF HUMAN RIGHTS
COUNCIL OF EUROPE
STRASBOURG
CONSEIL DE L'EUROPE
STRASBOURG
Г-ну КАЧАНОВУ Р. Е.
FIRST SECTION
9 July 2007
ECHR-LE4.3aR Nl/lkh
Application no. 43724/05
Sverdlovsk Regional Branch of Russian Labour Party v. Russia
Dear Sir,
I enclose a copy of the Government's observations on the above
application and a letter indicating their position regarding a
friendly settlement of the case.
The President of the Chamber has instructed me to invite you to submit
by 7 September 2007 at the latest any written observations which you
may wish to make in reply on behalf of the applicant, together with
any claims for just satisfaction. Before formulating your claims for
just satisfaction please take note of the enclosed Practice Direction.
You are requested to send me a copy of your observations by mail and,
if possible, by fax. I would remind you that under Rule 34 S: 3 all
communications with and oral and written submissions by applicants or
their representatives shall as a rule be in one of the Court's
official languages. However, in order to facilitate the processing of
the case, the President has authorised you to submit the applicant's
observations in Russian if you so prefer. In that event, the
observations in English or French should reach the Court no later than
four weeks after the above time-limit.
I should be grateful if you would indicate by the above-mentioned date
the applicant's position regarding a friendly settlement of the case,
and any proposals he may wish to make. If the parties are interested
in reaching a settlement, I would be prepared to make a suggestion for
an appropriate arrangement. Having regard to the requirement of strict
confidentiality under Rule 62 S: 2 of the Rules of Court, any
submissions or proposals in this respect should be set out in a
separate document, the contents of which must not be referred to in
any submissions made in the context of the contentious proceedings.
The Government have confirmed that they will be submitting their
observations in English and have been requested to submit these by 10
September 2007. A copy will be sent to you for information.
-2-
With regard to just-satisfaction claims, I would draw your attention
to Rule 60 and would remind you that failure to submit within the time
allowed quantified claims, together with the required supporting
documents, entails the consequence that the Chamber will either make
no award of just satisfaction or else reject the claim in part. This
applies even if the applicant has indicated his wishes concerning just
satisfaction at an earlier stage of the proceedings. No extension of
the time allowed will be granted.
The criteria established by the Court's case-law when it rules on the
question of just satisfaction (Article 41 of the Convention) are: (1)
pecuniary damage, that is to say losses actually sustained as a direct
consequence of the alleged violation; (2) non-pecuniary damage,
meaning compensation for suffering and distress occasioned by the
violation; and (3) the costs and expenses incurred in order to prevent
or obtain redress for the alleged violation of the Convention, both
within the domestic legal system and through the Strasbourg
proceedings. These costs must be itemised, and it must be established
that they are reasonable and have been actually and necessarily
incurred.
You must attach to your claims the necessary vouchers, such as bills
of costs. The Government will then be invited to submit their comments
on the matter.
Yours faithfully,
RECHR
)7 17:34
c 1
1495)2304193
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