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BOUYID v. BELGIUM JUDGMENT
C. Default interest
142. 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
1. Holds, by fourteen votes to three, that there has been a violation of
Article 3 of the Convention under its substantive head;
2. Holds, unanimously, that there has been a violation of Article 3 of the
Convention under its procedural head;
3. Holds, by fifteen votes to two,
(a) that the respondent State is to pay the following amounts within
three months:
(i) EUR 5,000 (five thousand euros) to each of the applicants, plus
any tax that may be chargeable, in respect of non-pecuniary
damage;
(ii) EUR 10,000 (ten thousand euros) to the applicants jointly, plus
any tax that may be chargeable to them, 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;
4. Dismisses, unanimously, the remainder of the applicants’ claim for just
satisfaction.
Done in English and in French, and delivered at a public hearing in the
Human Rights Building, Strasbourg, on 28 September 2015.
Johan Callewaert
Deputy Registrar
Dean Spielmann
President