Постановление Европейского суда по правам человека от 08.04.2010 «Дело Садулаева (Sadulayeva) против России» [англ.]

breakdown of costs:
(a) GBP 300 for 3 hours of legal work by a United Kingdom-based lawyer at a rate of GBP 100 per hour;
(b) GBP 413 for translation costs, as certified by invoices; and
(c) GBP 175 for administrative costs and expenses.
116. The Government did not dispute the reasonableness of and justification for the amounts claimed under this heading.
117. The Court has to establish first whether the costs and expenses indicated by the applicant's representatives were actually incurred and, second, whether they were necessary (see McCann and Others v. the United Kingdom, 27 September 1995, § 220, Series A No. 324).
118. Having regard to the details of the information submitted by the applicant, the Court is satisfied that these rates are reasonable and reflect the expenses actually incurred by the applicant's representatives.
119. As to whether the costs and expenses incurred for legal representation were necessary, the Court notes that this case was rather complex and required a certain amount of research and preparation.
120. Having regard to the details of the claims submitted by the applicant, the Court awards her the amount as claimed of EUR 1,110 together with any value-added tax that may be chargeable to the applicant, the net award to be paid into the representatives' bank account in the UK, as identified by the applicant.

C. Default interest

121. 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. Decides to join to the merits the Government's objection as to non-exhaustion of domestic remedies and rejects it;
2. Declares the application admissible;
3. Holds that there has been a substantive violation of Article 2 of the Convention in respect of Aslan Sadulayev;
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 Aslan Sadulayev disappeared;
5. Holds that there has been a violation of Article 3 of the Convention in respect of the applicant on account of her moral suffering;
6. Holds that there has been a violation of Article 5 of the Convention in respect of Aslan Sadulayev;
7. Holds that there has been a violation of Article 13 of the Convention in conjunction with Article 2 of the Convention;
8. Holds that no separate issues arise under Article 13 of the Convention in respect of the alleged violations of Articles 3 and 5;
9. Holds
(a) that the respondent State is to pay, within three months of the date on which the judgment becomes final in accordance with Article 44 § 2 of the Convention, the following amounts, to be converted into Russian roubles at the date of settlement, save in the case of the payment in respect of costs and expenses:
(i) EUR 60,000 (sixty thousand euros), plus any tax that may be chargeable, in respect of non-pecuniary damage to the applicant;
(ii) EUR 1,110 (one thousand one hundred and ten euros), plus any tax that may be chargeable to the applicant, in respect of costs and expenses, to be paid into the representatives' bank account in the UK;
(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;

Done in English, and notified in writing on 8 April 2010, pursuant to Rule 77 §§ 2 and 3 of the Rules of Court.

Christos ROZAKIS
President

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