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HARUTYUNYAN v. ARMENIA JUDGMENT
EUR 122). As regards the sum which he allegedly owed to his lawyer, the
applicant failed to submit any documentary proof of such an agreement. Nor
did he submit any proof that he owed his lawyer any money for travel and
subsistence costs, or even that such costs had been actually incurred. In such
circumstances, noting that the amount of costs and expenses substantiated
with documentary proof is less than the sum of EUR 715 received by the
applicant in legal aid from the Council of Europe, the Court rejects the
applicant’s claim for costs and expenses.
C. Default interest
75. 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 UNANIMOUSLY
1. Declares the remainder of the application admissible;
2. Holds that there has been a violation of Article 6 § 1 of the Convention
in that the applicant was denied a fair trial;
3. Holds that there is no need to examine separately the complaint under
Article 6 § 1 of the Convention concerning an alleged violation of the
applicant’s right not to incriminate himself;
4. Holds
(a) that the respondent State is to pay the applicant, within three months
from the date on which the judgment becomes final in accordance with
Article 44 § 2 of the Convention, EUR 4,000 (four thousand euros) in
respect of non-pecuniary damage, to be converted into the national
currency of the respondent State at the rate applicable at the date of
settlement, plus any tax that may be chargeable on this 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;
5. Dismisses the remainder of the applicant’s claim for just satisfaction.
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