36
M.C. v. BULGARIA JUDGMENT
FOR THESE REASONS, THE COURT UNANIMOUSLY
1. Holds that there has been a violation of the respondent State's positive
obligations under both Articles 3 and 8 of the Convention;
2. Holds that no separate issue arises under Article 13 of the Convention;
3. Holds that it is not necessary to examine the applicant's complaints under
Article 14 of the Convention;
4. Holds
(a) that the respondent State is to pay the applicant, within three months
from the date on which the judgment becomes final according to
Article 44 § 2 of the Convention, the following amounts, to be converted
into the national currency of the respondent State at the rate applicable at
the date of settlement:
(i) EUR 8,000 (eight thousand euros) in respect of non-pecuniary
damage;
(ii) EUR 4,110 (four thousand one hundred and ten euros) in respect
of costs and expenses;
(iii) any tax that may be chargeable on the above amounts;
(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;
5. Dismisses the remainder of the applicant's claim for just satisfaction.
Done in English, and notified in writing on 4 December 2003, pursuant
to Rule 77 §§ 2 and 3 of the Rules of Court.
Søren NIELSEN
Deputy Registrar
Christos ROZAKIS
President