FIRST SECTION
CASE OF NOSOV AND OTHERS v. RUSSIA
(Applications nos. 9117/04 and 10441/04)
JUDGMENT
(Revision)
STRASBOURG
15 January 2015
FINAL
15/04/2015
This judgment has become final under Article 44 § 2 of the Convention. It may be
subject to editorial revision.
NOSOV AND OTHERS v. RUSSIA (REVISION) JUDGMENT
1
In the case of Nosov and Others v. Russia, (request for revision of the
judgment of 20 January 2014),
The European Court of Human Rights (First Section), sitting as a
Chamber composed of:
Isabelle Berro-Lefèvre, President,
Khanlar Hajiyev,
Mirjana Lazarova Trajkovska,
Linos-Alexandre Sicilianos,
Erik Møse,
Ksenija Turković,
Dmitry Dedov, judges,
and Søren Nielsen, Section Registrar,
Having deliberated in private on 16 December 2014,
Delivers the following judgment, which was adopted on that date:
PROCEDURE
1. The case originated in two applications (nos. 9117/04 and 10441/04)
against the Russian Federation lodged with the Court under Article 34 of the
Convention for the Protection of Human Rights and Fundamental Freedoms
(“the Convention”) by forty-one Russian nationals (“the applicants”), on
31 January and 3 February 2004.
2. In a judgment delivered on 20 January 2014, the Court held that there
had been a violation of Article 6 of the Convention and Article 1 of Protocol
No. 1 in respect of the delayed execution of the judgments in the applicants’
favour. It further held that there had been no violation of Article 11 of the
Convention. The Court also decided to award each applicant 2,000 euros
(EUR) for non-pecuniary damage and EUR 350 to one of the applicants,
Mr Aleksandr Albertovich Nosov, for costs and expenses and dismissed the
remainder of the claims for just satisfaction.
3. On 1 July 2014 the widow of one of the applicants informed the Court
that her husband, Mr Mairan Zaurbekovich Ramonov, had died on
24 October 2013 and that she was his sole heir. She accordingly requested
the Court to make corrections to the judgment.
4. On 16 September 2014 the Court considered the possibility of
revision of the judgment within the meaning of Rule 80 of the Rules of
Court and decided to give the Government three weeks in which to submit
any observations. In a letter of 29 October 2014 the Government informed
the Court that they did not intend to submit any observations.
2
NOSOV AND OTHERS v. RUSSIA (REVISION) JUDGMENT
THE LAW
THE REQUEST FOR REVISION
5. Mrs Rita Khristoforovna Tekhova, the widow of one of the applicants,
requested, in substance, revision of the judgment of 28 January 2014, which
she would be unable to have executed because her husband, Mr Mairan
Zaurbekovich Ramonov, had died before the judgment had been adopted.
She was the heir and should therefore receive the sums awarded to the
deceased.
6. The Government stated that they had no observations to make on the
request for revision.
7. The Court considers that the judgment of 28 January 2014 should be
revised pursuant to Rule 80 of the Rules of Court, the relevant parts of
which provide:
“A party may, in the event of the discovery of a fact which might by its nature have
a decisive influence and which, when a judgment was delivered, was unknown to the
Court and could not reasonably have been known to that party, request the Court ... to
revise that judgment.
...”
8. It accordingly decides to award Mrs Rita Khristoforovna Tekhova the
amount it previously awarded to her husband Mr Mairan Zaurbekovich
Ramonov, namely EUR 2,000 for non-pecuniary damage.
9. The Court considers it appropriate that the default interest rate 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. Decides to revise its judgment of 28 January 2014 in so far as it concerns
the claim made by the deceased applicant Mr Mairan Zaurbekovich
Ramonov under Article 41 of the Convention;
and accordingly,
2. Holds
(a) that the respondent State is to pay Mrs Rita Khristoforovna
Tekhova, within three months, EUR 2,000 (two thousand euros) in
respect of non-pecuniary damage, to be converted into the currency of
the respondent State 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 amount at a rate
NOSOV AND OTHERS v. RUSSIA (REVISION) JUDGMENT
3
equal to the marginal lending rate of the European Central Bank during
the default period plus three percentage points.
Done in English, and notified in writing on 15 January 2015, pursuant to
Rule 77 §§ 2 and 3 of the Rules of Court.
Søren Nielsen
Registrar
Isabelle Berro-Lefèvre
President