Постановление Европейского суда по правам человека от 29.10.2009 «Дело Хантиева и другие (Khantiyeva and others) против России» [англ.]

d as a result of the disappearance of their relative, the indifference shown by the authorities towards them and the latter's' failure to provide any information about the fate of their close relative.
156. The Government contested the applicants' claims as excessive.
157. 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' relative. The applicants themselves have been found to have been the 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 finds it appropriate to award the first and second applicants jointly EUR 15,000 and the third and fourth applicant jointly EUR 20,000, plus any tax that may be chargeable thereon.

C. Costs and expenses

158. 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, 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, as well as administrative expenses, translation and courier delivery fees. The aggregate claim in respect of costs and expenses related to the applicants' legal representation amounted to EUR 5,875.82.
159. The Government submitted that reimbursement of costs should have been ordered only in so far as they had been actually incurred and were reasonable as to quantum.
160. The Court has to establish first whether the costs and expenses indicated by the applicants' relative 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).
161. 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.
162. 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. It notes, however, that the case involved little documentary evidence, in view of the Government's refusal to submit most of the case file. Furthermore, 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 case involved the amount of research claimed by the applicants' representatives.
163. Having regard to the details of the claims submitted by the applicants, the Court awards them EUR 4,200, together with any value-added tax that may be chargeable to them; the net award is to be paid into the representatives' bank account in the Netherlands, as identified by the applicants.

D. Default interest

164. 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 criminal domestic remedies and rejects it;
2. Declares the complaints under Articles 2, 3, 5 and 13 of the Convention admissible;
3. Holds that there has been a violation of Article 2 of the Convention in respect of Mayrudin Khantiyev;
4. Holds that there has been a violation of

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