Постановление Европейского суда по правам человека от 23.04.2009 «Дело Хачукаев (Khachukayev) против России» [англ.]

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

148. The applicant did not claim in respect of pecuniary damage. As to non-pecuniary damage, he stated that he had lost his son and endured stress, frustration and helplessness in relation to his son's abduction and the subsequent discovery of his remains, aggravated by the authorities' inactivity in the investigation of those events for several years. He left the determination of the amount of compensation to the Court.
149. The Government submitted that finding a violation of the Convention would be adequate just satisfaction in the applicant's case.
150. The Court has found a violation of Articles 2, 5 and 13 of the Convention on account of the unacknowledged detention and death of the applicant's son. The Court thus accepts that he has suffered non-pecuniary damage which cannot be compensated for solely by the findings of violations. It awards the applicant 35,000 euros (EUR) plus any tax that may be chargeable thereon.

B. Costs and expenses

151. The applicant was represented by Mr D. Itslayev, a lawyer practising in Nazran. The applicant submitted a contract with his representative and an itemised schedule of costs and expenses that included legal research and drafting, as well as administrative and translation expenses. The overall claim in respect of costs and expenses related to the applicant's legal representation amounted to EUR 9,444. The applicant submitted the following breakdown of costs:
(a) EUR 8,702 for 62.25 hours of interview and drafting of legal documents submitted to the Court and the domestic authorities, at the rates of EUR 150 per hour and EUR 80 per hour accordingly;
(b) EUR 245 of administrative expenses;
(c) EUR 502 in translation fees based on the rate of EUR 80 per 1,000 words.
152. The Government did not dispute the reasonableness of the amounts claimed.
153. The Court has to establish first whether the costs and expenses indicated by the applicant 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)
154. Having regard to the details of the information submitted by the applicant, the Court is satisfied that these rates are reasonable. The Court notes that this case was rather complex and required the amount of research and preparation claimed by the applicant.
155. Having regard to the details of the claims submitted by the applicant and acting on an equitable basis, the Court awards him the amount of EUR 9,000 together with any value-added tax that may be chargeable to the applicant, 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, the net award to be paid into the representative's bank account, as identified by the applicant.

C. Default interest

156. 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. Dismisses the Government's preliminary objection;
2. Holds that there has been a failure to comply with Article 38 § 1 (a) of the Convention in that the Government have refused to submit documents requested by the Court;
3. Holds that there has been a violation of Article 2 of the Convention in respect of Murad Khachukayev;
4. Holds that there has been a violation of Article 2 of the Convention in respect of the failure to conduct an effective investi

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