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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