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

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