MAKARATZIS v. GREECE JUDGMENT 35 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.

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