23.01.2013
EUROPEAN COURT OF HITMAN RIGHTS
JR EUROPEENNE DES DROITS DE L'HOMME
Г-ну БЕЛЯЕВУ Сергею Ивановичу
г. Екатеринбург, 620075
РОССИЯ /RUSSIE
FIRST SECTION
ECHR-LE4.3aR
23 January 2013
VLU/irp
Applications concerned
1. 23818/04 SROO Suryazhnik (II) v. Russia
2.42665/06 SROO Suryazhnik (III) v. Russia
Dear Sir,
I enclose a copy of the Government's observations on the above
applications and a letter indicating their position regarding a
friendly settlement of the cases.
The President of the Section has instructed me to invite you to submit
by 27 March 2013 at the latest any written observations which you may
wish to make in reply on behalf of the applicant, together with any
claims for just satisfaction. Before formulating your claims for just
satisfaction please take note of the enclosed Practice Direction. You
are requested to send me a copy of your observations and your claims
for just satisfaction (together with a copy of any enclosures) by mail
and, if possible, a copy by fax, I would remind you that under Rule 34
S: 3 all communications with and oral and written submissions by
applicants or their representatives shall as a rule be in one of the
Court's official languages. However, in order to facilitate the
processing of the case, the President of the Section has authorised
you to submit the applicant's observations in Russian if you so
prefer. In that event, the observations in English or French should
reach the Court no later than four weeks after the above time-limit.
I should be grateful if you would indicate by the above-mentioned date
the applicant's position regarding a friendly settlement of the cases,
and any proposals he may wish to make. If the parties are interested
in reaching a settlement, I would be prepared to make a suggestion for
an appropriate arrangement. Having regard to the requirement of strict
confidentiality under Rule 62 S: 2 of the Rules of Court, any
submissions or proposals in this respect should be set out in a
separate document, the contents of which must not be referred to in
any submissions made in the context of the contentious proceedings.
The Government have confirmed that they will be submitting their
observations in English and have been requested to submit these by 13
February 2013. A copy will be sent to you for information.
With regard to just satisfaction claims, I would draw your attention
to Rule 60 and would remind you that failure to submit within the time
allowed quantified claims, together with the required supporting
documents, entails the consequence that the Chamber will cither make
no award of just satisfaction or else reject the claim in part. This
applies even if the applicant has indicated his wishes concerning just
satisfaction at an earlier stage of the proceedings.
The criteria established by the Court's case-law when it rules on the
question of just satisfaction (Article 41 of the Convention) arc: (1)
pecuniary damage, that is to say losses actually sustained as a direct
consequence of the alleged violation; (2) non-pecuniary damage,
meaning compensation for suffering and distress occasioned by the
violation; and (3) the costs and expenses incurred in order to prevent
or obtain redress for the alleged violation of the Convention, both
within the domestic legal system and through the Strasbourg
proceedings. These costs must be itemised, and it must be established
that they are reasonable and have been actually and necessarily
incurred.
You must attach to your claims (he necessary vouchers, such as bills
of costs. The Government will then be invited to submit their comments
on the matter.
These time-limits will not normally be extended.
Please inform the Court of your e-mail address if you have one. It may
be useful for notification purposes in the final stage of the
proceedings.
Yours faithfully,
Soren Nielsen
Section Registrar
Encs: Government's obsjefvations
Practice direction on just satisfaction claims
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