Постановление Европейского суда по правам человека от 02.04.2009 «Дело Сайдалиева и другие (Saydaliyeva and others) против России» [англ.]

I senior staff. They also claimed translation fees and courier mail fees confirmed by relevant invoices and administrative expenses unsupported by any evidence. The aggregate claim in respect of costs and expenses related to the applicants' legal representation amounted to EUR 7,126.37.
158. The Government alleged that the applicants should not be entitled to any compensation of costs and expenses as the SRJI lawyers had not signed the powers of attorney.
159. The Court does not share the Government's view that the applicants are precluded from claiming legal and other fees incurred in the course of the Strasbourg proceedings owing to their representatives' failure to sign the powers of attorney.
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, cited above, § 220).
161. 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 applicants' representatives.
162. 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. It notes at the same time, that, 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. Moreover, the case involved little documentary evidence, in view of the Government's refusal to submit most of the case file. The Court thus doubts that research and legal drafting was necessarily time-consuming to the extent claimed by the representatives.
163. Having regard to the details of the claims submitted by the applicants, the Court finds it appropriate to award under this head EUR 4,500, together with any value-added tax that may be chargeable to the applicants, the award 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 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 applicants' complaints under Article 14 of the Convention;
2. Dismisses the Government's objection as to the alleged abuse of the right of petition;
3. Decides to join to the merits the Government's objection as to non-exhaustion of criminal domestic remedies and rejects it;
4. Declares the complaints under Articles 2, 3, 5 and 13 of the Convention admissible;
5. Holds that there has been a violation of Article 2 of the Convention in respect of Vakha Saydaliyev;
6. 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 Vakha Saydaliyev had disappeared;
7. Holds that there has been a violation of Article 3 of the Convention in respect of the first and second applicants on account of their mental and emotional suffering and no violation of Article 3 of the Convention in respect of the third applicant;
8. Holds that there has been a violation of Article 5 of the Convention in respect of Vakha Saydaliyev;
9. Holds that there has been a violation of Article 13 of the Convention in respect of the alleged violation of Article 2 of the Convention;
10. Hol

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