MEDVEDYEV AND OTHERS v. FRANCE JUDGMENT
41
3. Holds, by ten votes to seven, that there has been a violation of Article 5
§ 1 of the Convention;
4. Holds, by nine votes to eight, that there has been no violation of Article 5
§ 3 of the Convention;
5. Holds, by thirteen votes to four,
(a) that the respondent State is to pay the applicants, within three
months, the following amounts:
(i) EUR 5,000 (five thousand euros) each in respect of
non-pecuniary damage plus any tax that may be chargeable on this
amount;
(i) EUR 10,000 (ten thousand euros) jointly for costs and expenses
plus any tax that may be chargeable to the applicants on this
amount;
(b) that from the expiry of the above-mentioned three months until
settlement simple interest shall be payable on the above amount[s] 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 applicants’ claims for just
satisfaction.
Done in English and in French, and delivered at a public hearing in the
Human Rights Building, Strasbourg, on 29 March 2010.
Michael O’Boyle
Deputy Registrar
Nicolas Bratza
President
In accordance with Article 45 § 2 of the Convention and Rule 74 § 2 of
the Rules of Court, the following separate opinions are annexed to this
judgment:
(a) joint partly dissenting opinion of Judges Costa, Casadevall, Bîrsan,
Garlicki, Hajiyev, Šikuta and Nicolaou;