The ECHR decided to pay non-pecuniary damage.

Заголовок: The ECHR decided to pay non-pecuniary damage. Сведения: 2019-04-27 04:54:28

Resolution of the ECHR of December 18, 2018 in the case of Shapkin and Others (Shapkin and Others) against the Russian Federation (applications N 34248/05, 46745/06 and 28424/07).

The case was successfully considered the petition of the applicant to review the decision of the European Court of Human Rights regarding the non-payment of compensation to him. The petition was granted, it was decided to pay the applicant moral damages.

The applicant was assisted in the preparation of the petition. Subsequently, the petition was granted and sent to the Russian Federation.

In the judgment in the case of Shapkin and Others v. The Russian Federation of March 15, 2016, applications No. 34248/05, 46745/06 and 28424/07, the European Court ruled that there were violations of Article 6 of the Convention and Article 1 of Protocol No. 1 to Convention in connection with the cancellation of the decisions in favor of the applicants in the order of supervision.

In his petition for revision of the judgment, the Applicant indicated that he first learned about it when reading the journal “Bulletin of the European Court of Human Rights”. The applicant indicated that, with the exception of the initial letters sent in 2005, he did not receive any correspondence from the European Court, therefore he was deprived of the opportunity to respond to the arguments of the authorities of the Russian Federation and to submit claims for fair compensation. The applicant requested a review of the European Court’s judgment in the case, in terms of non-payment of compensation to him, the right to which is enshrined in Article 41 of the Convention.

On November 7, 2017, the European Court granted the request for review in accordance with paragraph 4 of Rule 80 of the Rules of Court and sent it to the authorities of the Russian Federation, inviting the applicant to submit his claims for fair compensation.

On 18 December 2018, at the request filed by the applicant, the European Court, taking into account the arguments of the parties, ordered the respondent Government to pay the applicant 5,000 euros in respect of non-pecuniary damage.

 

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