TSALIKIDIS AND OTHERS v. GREECE JUDGMENT
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to quantum. In the present case, regard being had to the documents in its
possession and the above criteria, the Court considers it reasonable to award
the sum of EUR 4,000 covering costs under all heads.
C. Default interest
126. 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. Declares the complaints concerning the initial preliminary investigation
conducted in 2005 and 2006 inadmissible and the remainder of the
application admissible;
2. Joins the Government’s objection as to the non-exhaustion of domestic
remedies to the merits of the complaint under Article 2 of the
Convention and dismisses it;
3. Holds that there has been a violation of Article 2 of the Convention
under its procedural limb;
4. Holds that no separate issue arises under Article 13 of the Convention;
5. Holds
(a) that the respondent State is to pay the applicants, within three
months from the date on which the judgment becomes final in
accordance with Article 44 § 2 of the Convention, the following
amounts:
(i) EUR 50,000 (fifty thousand euros) jointly, plus any tax that may
be chargeable, in respect of non-pecuniary damage;
(ii) EUR 4,000 (four thousand euros) jointly, plus any tax that may
be chargeable to the applicants, in respect of costs and expenses;
(b) that from the expiry of the above-mentioned three months until
settlement simple interest shall be payable on the above amounts at a
rate equal to the marginal lending rate of the European Central Bank
during the default period plus three percentage points;
6. Dismisses the remainder of the applicants’ claim for just satisfaction.