FOR THESE REASONS, THE COURT

1. Accepts unanimously that Mr Piotr Malewicz may pursue the application in lieu of his late father Mr Krzysztof Jan Malewicz;

2. Holds, by four votes to three, that the respondent State failed to comply with their obligations under Article 38 of the Convention;

3. Holds, by four votes to three, that it is unable to take cognisance of the merits of the complaint under Article 2 of the Convention;

4. Holds, by five votes to two, that there has been a violation of Article 3 of the Convention in respect ofthe applicants Mr Gustaw Erchard, Ms Irena Erchard, Mr Janowiec, Mr Jerzy Karol Malewicz, the late Mr Krzysztof Jan Malewicz, Ms Mieszczankowska, Ms Michalska, Mr Tomaszewski, Mr Wielebnowski, andMs Wołk;

5. Holds unanimously that there has been no violation of Article 3 of the Convention in respect of the applicants Ms Krzyszkowiak, Mr Romanowski, Ms Rodowicz,Mr Trybowski and Ms Wołk-Jezierska;

6. Holdsunanimously

(a) that the respondent State is to pay, within three months from the date on which the judgment becomes final in accordance with Article44§2 of the Convention, the following amounts:

(i) the applicants jointly EUR 5,000 (five thousand euros) in respect of costs and expenses, plus any tax that may be chargeable to them;

(ii) the applicant Mr Jerzy Karol Malewicz EUR 1,500 (one thousand five hundred euros) in respect of costs and expenses, to be converted into US dollars at the rate applicable on the date of settlement, plus any tax that may be chargeable to him;

(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’ claims for just satisfaction.

Done in English, and delivered at a public hearing in the Human Rights Building, Strasbourg, on 16 April 2012.

Stephen Phillips Dean Spielmann
Deputy Registrar President

In accordance with Article 45 § 2 of the Convention and Rule 74 § 2 of the Rules of Court, the following separate opinions are annexed to this judgment:

(a) joint concurring opinion of JudgesKovler and Yudkivska;

(b) partly dissenting opinion of Judge Kovler, joined by Judges Jungwiert and Zupančič;

(c) joint partly dissenting opinion of Judges Spielmann, Villiger and Nußberger;

(d) joint partly dissenting opinion of Judges Jungwiert and Kovler.

D.S.
J.S.P.

Date: 2015-01-11; view: 834