MAMATKULOV AND ASKAROV v. TURKEY JUDGMENT
39
FOR THESE REASONS, THE COURT
1. Holds by fourteen votes to three that there has been no violation of
Article 3 of the Convention;
2. Holds unanimously that no separate examination of the complaint under
Article 2 of the Convention is necessary;
3. Holds unanimously that Article 6 § 1 does not apply to the extradition
proceedings in Turkey;
4. Holds by thirteen votes to four that there has been no violation of
Article 6 § 1 as regards the criminal proceedings in Uzbekistan;
5. Holds by fourteen votes to three that Turkey has failed to comply with its
obligations under Article 34 of the Convention;
6. Holds by fourteen votes to three
(a) that the respondent State is to pay, within three months, the
following sums plus any tax that may be chargeable:
(i) EUR 5,000 (five thousand euros) to each of the applicants for
non-pecuniary damage, to be converted into the national currency of
each applicant's country of residence;
(ii) EUR 15,000 (fifteen thousand euros) in respect of costs and
expenses, less EUR 2,613.17 (two thousand six hundred and thirteen
euros seventeen cents) received from the Council of Europe in legal
aid, to be converted into Turkish liras at the rate applicable at the
date of settlement;
(b) that from the expiry of the above-mentioned three months until
settlement simple interest shall be payable on the above amounts at a
rate equal to the marginal lending rate of the European Central Bank
during the default period plus three percentage points;
7. Dismisses unanimously the remainder of the applicants' claim for just
satisfaction.
Done in English and in French, and delivered at a public hearing in the
Human Rights Building, Strasbourg, on 4 February 2005.
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