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ROMAN ZAKHAROV v. RUSSIA JUDGMENT
“If the Court finds that there has been a violation of the Convention or the Protocols
thereto, and if the internal law of the High Contracting Party concerned allows only
partial reparation to be made, the Court shall, if necessary, afford just satisfaction to
the injured party.”
A. Damage
309. The applicant claimed 9,000 euros (EUR) in respect of nonpecuniary damage.
310. The Government submitted that the claim was excessive, taking
into account that the applicant had challenged Russian law in abstracto
without being in any way personally affected by it. The finding of a
violation would therefore constitute sufficient just satisfaction.
311. The Court reiterates that, in the context of the execution of
judgments in accordance with Article 46 of the Convention, a judgment in
which it finds a violation of the Convention or its Protocols imposes on the
respondent State a legal obligation not just to pay those concerned any sums
awarded by way of just satisfaction, but also to choose, subject to
supervision by the Committee of Ministers, the general and/or, if
appropriate, individual measures to be adopted in its domestic legal order to
put an end to the violation found by the Court and make all feasible
reparation for its consequences in such a way as to restore as far as possible
the situation existing before the breach. Furthermore, in ratifying the
Convention, the Contracting States undertake to ensure that their domestic
law is compatible with it (see Association for European Integration and
Human Rights and Ekimdzhiev, cited above, § 111, with further references).
312. The Court considers that the finding of a violation constitutes
sufficient just satisfaction for any non-pecuniary damage caused to the
applicant.
B. Costs and expenses
313. Before the Chamber, the applicant claimed 26,579 Russian roubles
(RUB, approximately EUR 670) on the date of submission) for postal and
translation expenses. He relied on postal and fax-service invoices and a
translation-services contract.
314. Before the Grand Chamber, the applicant claimed 22,800 pounds
sterling (GBP, approximately EUR 29,000 on the date of submission) and
EUR 13,800 for legal fees. He relied on lawyers’ time-sheets. Relying on
bills and invoices, he also claimed GBP 6,833.24 (approximately
EUR 8,700 on the date of submission) for translation, travelling and other
administrative expenses.
315. The Government accepted the claim for costs and expenses made
before the Chamber because it was supported by documentary evidence. As