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Постановление Европейского суда по правам человека от 26.11.2009 "Дело "Исмаилов и другие (Ismailov and others) против Российской Федерации" [рус., англ.]





o the fifth applicant and EUR 10,000 to the eighth, twelfth, thirteenth, fourteenth, fifteenth, sixteenth, seventeenth, eighteenth, nineteenth, twentieth and twenty-first applicants jointly in respect of pecuniary damage, plus any tax that may be chargeable on these amounts.

B. Non-pecuniary damage

138. The applicants claimed various amounts ranging from EUR 30,000 to EUR 80,000 in respect of non-pecuniary damage for the suffering they had endured as a result of the loss of their family members, the indifference shown by the authorities towards them and the failure to provide any information about the fate of their close relatives. The first applicant, as the father of Aslambek and Aslan Ismailov, claimed EUR 80,000; the second, third and fourth applicants, as children and the wife of Khizir Ismailov, claimed a total of EUR 100,000; the fifth, sixth and seventh applicants, as children of Yusi Daydayev, claimed a total of EUR 90,000 and the eighth to twenty-first applicants, as the wife and children of Yaragi Ismailov, claimed a total of EUR 430,000.
139. The Government found the amounts claimed excessive.
140. The Court has found a violation of Articles 2, 5 and 13 of the Convention on account of the unacknowledged detention and disappearance of the applicants' relatives. The applicants themselves (except for the twenty-first applicant) have been found to have been victims of a violation of Article 3 of the Convention. The Court thus accepts that they have suffered non-pecuniary damage which cannot be compensated for solely by the findings of violations. It awards to the first applicant EUR 70,000; to the second, third and fourth applicants jointly EUR 35,000; to the fifth, sixth and seventh applicants jointly EUR 35,000 and to the eighth to twenty-first applicants jointly EUR 35,000 plus any tax that may be chargeable thereon.

C. Costs and expenses

141. The applicants were represented by the 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 for the work in the area of exhausting domestic remedies and of EUR 150 per hour for the drafting of submissions to the Court. The aggregate claim in respect of costs and expenses related to the applicants' legal representation amounted to EUR 7,610.
142. The Government did not dispute the reasonableness of and justification for the amounts claimed under this heading.
143. 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 v. the United Kingdom, 27 September 1995, § 220, Series A No. 324).
144. Having regard to the details of the information and legal representation contracts submitted by the applicants, the Court is satisfied that these rates are reasonable and reflect the expenses actually incurred by the applicants' representatives.
145. 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 at the same time, that due to the application of Article 29 § 3 in the present case, the applicants' representatives submitted their observations on admissibility and merits in one set of documents. The Court thus doubts that the legal drafting was necessarily time-consuming to the extent claimed by the representatives.
146. Having regard to the details of the claims 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 net award to be paid into the representatives' bank account in the Netherlands, as identified by the applicants.

D. Defa



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