FOR THESE REASONS, THE COURT

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1. Dismisses unanimously the Government’s preliminary objections;

2. Holds by six votes to one that there has been a violation of Article 11 of the Convention;

3. Holds by six votes to one, that the respondent State is to pay jointly to Mr Stankov and Mr Ivanov, within three months from the date on which the judgment becomes final according to Article 44 § 2 of the Convention, 40,000 (forty thousand) French francs for non-pecuniary damage;

4. Holds unanimously, that the respondent State is to pay jointly to Mr Stankov and Mr Ivanov, within three months from the date on which the judgment becomes final according to Article 44 § 2 of the Convention, 36,127 (thirty six thousand one hundred twenty seven) French francs for costs and expenses, together with any value-added tax that may be chargeable;

5. Holds unanimously, that simple interest at an annual rate of 4.26% shall be payable from the expiry of the above-mentioned three months until settlement;

6. Dismisses unanimously the remainder of the applicants’ claims for just satisfaction. Done in English, and delivered in writing on 2 October 2001.

Michael O’BOYLE Elisabeth PALM

Registrar President

In accordance with Article 45 § 2 of the Convention and Rule 74 § 2 of the Rules of Court, the dissenting opinion of Mrs Botoucharova is annexed to this judgment.

E.P. M.O’B.