Постановление Европейского суда по правам человека от 02.07.2009 «Дело Пухигова (Pukhigova) против России» [англ.]

s:
"If the Court finds that there has been a violation of the Convention or the Protocols thereto, and if the internal law of the High Contracting Party concerned allows only partial reparation to be made, the Court shall, if necessary, afford just satisfaction to the injured party."

A. Damage

133. The applicant made no claims as regards pecuniary damages. She claimed 80,000 euros (EUR) as non-pecuniary damages for the suffering she had endured as a result of the loss of her husband and the indifference shown by the authorities towards her.
134. The Government found the amounts claimed exaggerated.
135. 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 applicant's husband. She herself has been found a victim of a violation of Article 3 of the Convention. The Court thus accepts that the applicant has suffered non-pecuniary damage which cannot be compensated for solely by the findings of violations. It finds it appropriate to award to the applicant EUR 35,000, plus any tax that may be chargeable thereon.

B. Costs and expenses

136. The applicant was represented by Mr D. Itslayev. She submitted an itemised schedule of costs and expenses that included thirty-one hours of research and legal drafting at a rate of EUR 150 per hour. She also claimed translation fees confirmed by relevant invoices and administrative expenses unsupported by any evidence. The aggregate claim in respect of costs and expenses related to the applicant's legal representation amounted to EUR 5,607.
137. The Government stated that the costs claimed should be actually incurred and be reasonable.
138. The Court has to establish first whether the costs and expenses indicated by the applicant's representative were actually incurred and, second, whether they were necessary (see McCann and Others, cited above, § 220).
139. Having regard to the details of the information, the Court is satisfied that these rates are reasonable and reflect the expenses actually incurred by the applicant's representative.
140. Further, it has to be established 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.
141. Having regard to the details of the claims submitted by the applicant, the Court awards under this head EUR 5,607, less EUR 850 received by way of legal aid from the Council of Europe, together with any value-added tax that may be chargeable to the applicant.

C. Default interest

142. 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 strike the application out of its list of cases in accordance with Article 37 § 1 (a) of the Convention in so far as it concerns the complaint under Article 3 of the Convention concerning the alleged ill-treatment of Salman Abdulazizov;
2. Decides to join to the merits the Government's objection as to non-exhaustion of criminal domestic remedies and rejects it;
3. Declares the complaints under Articles 2, 5 and 13 of the Convention, as well as the complaint under Article 3 of the Convention concerning the applicant's mental suffering, admissible;
4. Holds that there has been a violation of Article 2 of the Convention in respect of Salman Abdulazizov;
5. 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 Salman

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