Постановление Европейского суда по правам человека от 20.05.2010 «Дело Джабраиловы (Dzhabrailovy) против России» [англ.]

ed EUR 40,000 and the third applicant as their sister claimed EUR 20,000.
116. The Government found the amounts claimed excessive.
117. The Court has found a violation of Articles 5 and 3 of the Convention on account of the unacknowledged detention of the first applicant and the authorities failure to investigate his allegations of ill-treatment. The Court has also found a violation of Articles 2, 5 and 13 on account of Valid Dzhabrailov's unacknowledged detention and subsequent killing. The Court accepts that the applicants have suffered non-pecuniary damage which cannot be compensated for solely by the findings of violations. It awards to the first applicant EUR 41,200, to the second applicant EUR 40,000 and the third applicant EUR 10,000 plus any tax that may be chargeable thereon.

C. Costs and expenses

118. The applicants were represented by SRJI. They submitted an itemised schedule of costs and expenses that included research and interviews in Ingushetia and Moscow, at a rate of EUR 50 per hour, and the drafting of legal documents submitted to the Court and the domestic authorities, at a rate of EUR 50 per hour for SRJI lawyers and EUR 150 per hour for SRJI senior staff. The aggregate claim in respect of costs and expenses related to the applicants' legal representation amounted to EUR 7,785.
119. The Government did not dispute the details of the calculations submitted by the applicants, but contended that the amount claimed was excessive.
120. The Court has to establish first whether the costs and expenses indicated by the applicants' representatives were actually incurred and, second, whether they were necessary (see McCann and Others, cited above, § 220).
121. Having regard to the details of the contract and the submitted documents, the Court is satisfied that these rates are reasonable and reflect the expenses actually incurred by the applicants' representatives.
122. As to whether the costs and expenses were necessary, the Court notes that this case was rather complex and required a certain amount of research and preparation. It notes, however, that the case involved little documentary evidence, in view of the Government's refusal to submit most of the case file. The Court thus doubts that research was necessary to the extent claimed by the representatives.
123. Having regard to the details of the claim submitted by the applicants, the Court awards them the amount of EUR 5,500 together with any value-added tax that may be chargeable to the applicants, the award to be paid into the representatives' bank account in the Netherlands, as identified by the applicants.

D. Default interest

124. The Court considers it appropriate that the default interest should be based on the marginal lending rate of the European Central Bank, to which should be added three percentage points.

FOR THESE REASONS, THE COURT UNANIMOUSLY

1. Declares the complaints under Articles 2, 3 (in respect of the authorities' failure to investigate the alleged ill-treatment), 5 and 13 admissible and the remainder of the application inadmissible;
2. Decides to join to the merits the Government's objection as to non-exhaustion of criminal domestic remedies and rejects it;
3. Holds that there has been a substantive violation of Article 2 of the Convention in respect of Valid Dzhabrailov;
4. Holds that there has been a violation of Article 2 of the Convention in respect of the failure to conduct an effective investigation into the circumstances in which Valid Dzhabrailov was abducted and killed;
5. Holds that there has been a violation of Article 3 of the Convention in respect of the failure to conduct an effective investigation into the first applicant's allegations of ill-treatment;

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