Post by account_disabled on Dec 31, 2023 1:36:02 GMT -5
Apreviously concluded that it may be a deprivation of liberty if the measure is only of short duration Foka v. Turkey no. June the Court considers that having in view of the specific circumstances of the case the plaintiff was not deprived of his liberty within the meaning of art. of the Convention. In particular the Court attaches importance to the fact that the applicant went to the police station on his own initiative and was able to leave that place shortly after the incident he is reporting see a contrario Creang v. Romania MC no. . points February . . consequently the Court concludes that there was no violation of art. of the Convention. III. Regarding the application of art. of the Convention.
In accordance with art. of the Convention if the Court declares that Country Email List there has been a violation of the Convention or its protocols and if the domestic law of the high contracting party allows only an incomplete removal of the consequences of this violation the Court shall grant the injured party if necessary equitable reparation . A. Damage . The plaintiff claims euros EUR for the moral damage he allegedly suffered. . requested by the applicant is excessive in relation to the Courts jurisprudence in the matter. . The Court considers that the applicant should be awarded the amount of EUR as moral damages. B. Court costs .
The plaintiff did not make any claim for the reimbursement of court costs incurred during the procedure. C. Default interest . The Court considers it necessary that the moratorium interest rate be based on the interest rate of the marginal loan facility practiced by the European Central Bank increased by three percentage points. FOR THESE REASONS unanimously the COURT . declares the request admissible . decides that art. was violated. of the Convention under material.
In accordance with art. of the Convention if the Court declares that Country Email List there has been a violation of the Convention or its protocols and if the domestic law of the high contracting party allows only an incomplete removal of the consequences of this violation the Court shall grant the injured party if necessary equitable reparation . A. Damage . The plaintiff claims euros EUR for the moral damage he allegedly suffered. . requested by the applicant is excessive in relation to the Courts jurisprudence in the matter. . The Court considers that the applicant should be awarded the amount of EUR as moral damages. B. Court costs .
The plaintiff did not make any claim for the reimbursement of court costs incurred during the procedure. C. Default interest . The Court considers it necessary that the moratorium interest rate be based on the interest rate of the marginal loan facility practiced by the European Central Bank increased by three percentage points. FOR THESE REASONS unanimously the COURT . declares the request admissible . decides that art. was violated. of the Convention under material.