MAKARATZIS v. GREECE JUDGMENT
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B. Costs and expenses
94. The applicant, who was granted legal aid before the Court, made no
claim for costs and expenses.
C. Default interest
95. The Court considers it appropriate that the default interest 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 twelve votes to five that there has been a violation of Article 2
of the Convention in respect of the respondent State’s obligation to
protect the applicant’s right to life by law;
2. Holds unanimously that there has been a violation of Article 2 of the
Convention in respect of the respondent State’s obligation to conduct an
effective investigation into the circumstances of the incident which put
the applicant’s life at risk;
3. Holds by fifteen votes to two that no separate issue arises under Article 3
of the Convention;
4. Holds by sixteen votes to one that no separate issue arises under
Article 13 of the Convention;
5. Holds by fifteen votes to two
(a) that the respondent State is to pay the applicant, within three
months, EUR 15,000 (fifteen thousand euros) in respect of nonpecuniary damage, together with any tax that may be chargeable on the
above amount;
(b) that from the expiry of the above-mentioned three months until
settlement simple interest shall be payable on the above amount at a rate
equal to the marginal lending rate of the European Central Bank during
the default period plus three percentage points;
6. Dismisses unanimously the remainder of the applicant’s claim for just
satisfaction.