Постановление Европейского суда по правам человека от 28.05.2009 «Дело Басаева и другие (Basayeva and others) против России» [англ.]

203. The Government found the amounts claimed exaggerated.
204. 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 have been found to have been victims of a violation of Article 3 the Convention. The Court accepts that the applicants have suffered non-pecuniary damage which cannot be compensated for solely by the findings of violations. It awards the applicants of Lecha Basayev's family, that is the first, third, fourth, fifth and sixth applicants jointly EUR 35,000 plus any tax that may be chargeable thereon. It awards the applicants of Lema Dikayev's family, that is the seventh, eighth, ninth, tenth and eleventh applicants jointly EUR 35,000 plus any tax that may be chargeable thereon.

D. Costs and expenses

205. The applicants were represented by the SRJI. They submitted an itemised schedule of costs and expenses that included research and interviews in Chechnya 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 and experts. The aggregate claim in respect of costs and expenses related to the legal representation of the applicants of Lecha Basayev's family amounted to EUR 7,913, while the amount of these costs and expenses amounted to EUR 8,623 in respect of Lema Dikayev's family.
206. The Government disputed the reasonableness and the justification of the amounts claimed under this heading. They pointed out that the applicants had not enclosed any documents supporting the amount claimed under postal costs.
207. 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, cited above, § 220).
208. Having regard to the details of the contract, the Court is satisfied that these rates are reasonable and reflect the expenses actually incurred by the applicants' representatives.
209. Further, it has to be established whether the costs and expenses incurred for legal representation were necessary. The Court notes that these two cases were 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 cases, the applicants' representatives submitted their observations on admissibility and merits in one set of documents. The Court thus doubts that legal drafting was necessarily time-consuming to the extent claimed by the representatives. In addition, the cases involved little documentary evidence, in view of the Government's refusal to submit most of the documents from the case file. Therefore, the Court doubts that research was necessary to the extent claimed by the representatives.
210. Having regard to the details of the claims submitted by the applicants and acting on an equitable basis, the Court awards them the amount of EUR 12,000 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.

E. Default interest

211. 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 the applications;
2. Decides to strike the applications out of its list of cases in accordance with Article 37 § 1 (a) of the Convention in so far as they concern the complaints o

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