Постановление Европейского суда по правам человека от 09.04.2009 «Дело Джабраилова (Dzhabrailova) против России» [англ.]

w 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

102. The applicant claimed 90,000 euros (EUR) for herself and Mr Khanpasha Dzhabrailov's wife and children in respect of non-pecuniary damage for the fear, anguish and distress which they had suffered as a result of their relative's disappearance.
103. The Government considered this claim to be excessive.
104. The Court firstly notes that it cannot take into account the applicant's claim in respect of Mr Khanpasha Dzhabrailov's other relatives since they are not applicants in the present case (see Kaplanova v. Russia, No. 7653/02, § 144, 29 April 2008). It further observes that it has found a violation of Articles 2, 3, and 5 of the Convention on account of the unlawful detention and disappearance of Mr Khanpasha Dzhabrailov, the lack of effective investigation into the matter and the applicant's mental suffering in connection with those events. The applicant must have suffered anguish and distress as a result of all these circumstances, which cannot be compensated by a mere finding of a violation. Having regard to these considerations, the Court awards, on an equitable basis, EUR 35,000 to the applicant for non-pecuniary damage, plus any tax that may be chargeable to her on this amount.

B. Costs and expenses

105. The applicant also claimed EUR 4,083 for costs and expenses incurred before the Court. This amount included EUR 3,450 for 23 hours spent by the applicant's lawyer on preparing and representing her case, EUR 392 for translation expenses and EUR 241 for administrative costs (7% of legal fees). In support of her claim the applicant submitted a contract with her lawyer and an invoice from a translator.
106. The Government pointed out that the applicant was only entitled to reimbursement of costs and expenses that had actually been incurred and were reasonable.
107. The Court reiterates that costs and expenses will not be awarded under Article 41 unless it is established that they have been actually and necessarily incurred and are also reasonable as to quantum (see Iatridis v. Greece (just satisfaction) [GC], No. 31107/96, § 54, ECHR 2000-XI).
108. The Court, having regard to the documents submitted by the applicant, is satisfied that her claim was substantiated. The Court further notes that this case was not particularly complex, but nevertheless required a certain amount of research work. Having regard to the amount of research and preparation claimed by the applicant's representative, the Court does not find this claim excessive.
109. In these circumstances, the Court awards the applicant the overall amount of EUR 4,083, less EUR 850 already received by way of legal aid from the Council of Europe, together with any tax that may be chargeable to the applicant. The amount awarded in respect of costs and expenses shall be payable to the representative directly.

C. Default interest

110. 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 applicant's complaint under Article 3 of the Convention regarding the alleged ill-treatment of her son;
2. Joins to the merits the Government's objection concerning the exhaustion of domestic remedies and rejects it;
3. Declares the complaints under Articles 2 and 5 of the Convention and the complaint under Article

> 1 2 3 ... 14 15 16