The Grand Chamber of the European Court of Human Rights rendered its judgment in the case Nagmetov v. Russia (application no. 35589/08). The Court held unanimously, that there had been a violation of Article 2 (right to life) of the European Convention on Human Rights under its substantive and procedural limbs, and, by fourteen votes to three, that the respondent State was to pay the applicant 50,000 euros in respect of non-pecuniary damage.
The case concerned the issue of whether an award of just satisfaction could be made in the absence of a properly made “claim”. The Court found in particular that where a “claim” had not been properly made in compliance with its Rules of Court, it remained empowered to afford, in a reasonable and restrained manner, just satisfaction on account of non-pecuniary damage arising in the exceptional circumstances of a given case. The Court considered that the finding of a violation of the substantive and procedural limbs of Article 2 in this case would not constitute in itself sufficient just satisfaction. The gravity and impact of the violations in question and the overall context in which the breach occurred, in particular the lengthy and defective investigation of a death inflicted by an agent of the State, pleaded in favour of a just-satisfaction award. The Court found no indication that the domestic law allowed adequate “reparation” to be sought and obtained within a reasonable time. Thus, the Court concluded that the present case disclosed exceptional circumstances which called for a just-satisfaction award in respect of non-pecuniary damage, notwithstanding the absence of a properly made claim.

A detailed summary is available online: Link
The judgment is available online: Link