42
L.M. AND OTHERS v. RUSSIA JUDGMENT
3. Default interest
178. 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.
VII. RULE 39 OF THE RULES OF COURT
179. The Court notes that, in accordance with Article 44 § 2 of the
Convention, the present judgment will not become final until (a) the parties
declare that they will not request that the case be referred to the Grand
Chamber; (b) three months after the date of the judgment, if reference of the
case to the Grand Chamber has not been requested; or (c) the Panel of the
Grand Chamber rejects any request to refer under Article 43 of the
Convention.
180. The Court notes that the applicants are still formally liable to
administrative removal pursuant to the final judgments of the Russian
courts. Having regard to the finding that their removal to Syria would be in
breach of Articles 2 and 3, the Court considers that the indication made to
the Government under Rule 39 of the Rules of Court (see paragraph 4
above) must remain in force until the present judgment becomes final or
until further notice.
FOR THESE REASONS, THE COURT, UNANIMOUSLY,
1. Decides to join the applications;
2. Declares the complaints under Articles 2 and 3 concerning the
applicants’ expulsion, and under Articles 5 and 13 admissible, and the
remainder of the applications inadmissible;
3. Holds that the forced return of the applicants to Syria would give rise to
a violation of Articles 2 and/or 3 of the Convention;
4. Holds that it is not necessary to examine the complaint under Article 13,
in conjunction with Articles 2 and/or 3 of the Convention;
5. Holds that there has been a violation of Article 5 § 4 of the Convention;
6. Holds that there has been a violation of Article 5 § 1 (f) of the
Convention;
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents