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" III (42665/06) - "


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23.01.2013

 

   EUROPEAN COURT OF HITMAN RIGHTS

   JR EUROPEENNE DES DROITS DE L'HOMME

                                            -   

                                                  . , 620075

                                                            /RUSSIE

   FIRST SECTION

   ECHR-LE4.3aR

   23 January 2013

   VLU/irp

   Applications concerned

   1. 23818/04 SROO Suryazhnik (II) v. Russia

   2.42665/06 SROO Suryazhnik (III) v. Russia

   Dear Sir,

   I  enclose  a  copy  of  the  Government's  observations  on the above
   applications  and  a  letter  indicating  their  position  regarding a
   friendly settlement of the cases.

   The President of the Section has instructed me to invite you to submit
   by  27 March 2013 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 and your claims
   for just satisfaction (together with a copy of any enclosures) by mail
   and, if possible, a copy 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 of the Section 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 cases,
   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 13
   February 2013. A copy will be sent to you for information.

   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 cither 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.

   The  criteria established by the Court's case-law when it rules on the
   question  of just satisfaction (Article 41 of the Convention) arc: (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 (he necessary vouchers, such as bills
   of costs. The Government will then be invited to submit their comments
   on the matter.

   These time-limits will not normally be extended.

   Please inform the Court of your e-mail address if you have one. It may
   be  useful  for  notification  purposes  in  the  final  stage  of the
   proceedings.

   Yours faithfully,

   Soren Nielsen

   Section Registrar

   Encs: Government's obsjefvations

   Practice direction on just satisfaction claims


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