Постановление Европейского суда по правам человека от 01.04.2010 «Дело Гултяева (Gultyayeva) против России» [англ.]

3,290.91 (approximately EUR 3,900) for the fees and costs she had incurred before the Court. This amount included GBP 600 for Mr Philip Leach, a lawyer of the European Human Rights Advocacy Centre, and GBP 175 and 2,515.91 for administrative and translation costs respectively. The applicant requested that the amount sought be transferred directly into her representatives' account.
206. The Government insisted that the applicant's claim should be rejected on the ground that the expenses indicated by her had not been necessary and reasonable as to quantum.
207. The Court reiterates that costs and expenses will not be awarded under Article 41 unless it is established that they have been actually and necessarily incurred and are also reasonable as to quantum (see Iatridis v. Greece (just satisfaction) [GC], No. 31107/96, § 54, ECHR 2000-XI). The Court observes that in February 2005 the applicant gave authority to the lawyers of the Memorial Human Rights Centre and the European Human Rights Advocacy Centre to represent her interests in the proceedings before the European Court of Human Rights and that these lawyers acted as her representatives throughout the proceedings. The applicant also submitted invoices from translators. The Court is therefore satisfied that her claims in this part were substantiated.
208. The Court further notes that the present case required a certain amount of research work. Having regard to the amount of research and preparation claimed by the applicant's representatives, the Court does not find these claims excessive.
209. In these circumstances, the Court awards the applicant the overall amount of EUR 3,900 which shall be payable to the representatives directly.

C. Default interest

210. 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 complaint under Article 3 of the Convention concerning the conditions of the applicant's detention in Yuzhno-Sakhalinsk No. 62/1 remand centre and the complaints under Article 5 §§ 1 (c) and 3 of the Convention admissible and the remainder of the application inadmissible;
2. Holds that there has been a violation of Article 3 of the Convention on account of the conditions of the applicant's detention in Yuzhno-Sakhalinsk IZ-62/1 remand centre;
3. Holds that there has been a violation of Article 5 § 1 (c) of the Convention;
4. Holds that that there has been a violation of Article 5 § 3 of the Convention;
5. Holds
(a) that the respondent State is to pay the applicant, within three months from the date on which the judgment becomes final in accordance with Article 44 § 2 of the Convention, the following amounts:
(i) EUR 10,000 (ten thousand euros), to be converted into Russian roubles at the rate applicable at the date of settlement, in respect of non-pecuniary damage;
(ii) EUR 3,900 (three thousand nine hundred euros), to be converted into United Kingdom pounds sterling at the rate applicable at the date of settlement and paid into the applicant's representatives' bank account in the United Kingdom, in respect of costs and expenses;
(iii) any tax, including value-added tax, that may be chargeable to the applicant on the above amounts;
(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;
6. Dismisses the remainder of the applicant's claim for just satisfaction.

Done in English, and notified in writing

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