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Постановление Европейского суда по правам человека от 12.02.2009 «Дело Бантаева и другие (Bantayeva and others) против России» [англ.]





ld have provided. Having regard to the applicants' submissions and the fact that Abubakar and Salman Bantayev were not employed on a regular basis at the time of their apprehension, the Court awards EUR 3,000 to the first applicant; EUR 7,500 to the applicants of Abubakar Bantayev's family, that is, to the second, fourth, sixth, seventh and eleventh applicants jointly; EUR 7,500 to the applicants of Salman Bantayev's family, that is, to the third, fifth, eighth, ninth and tenth applicants jointly in respect of pecuniary damage, plus any tax that may be chargeable on that amount.

C. Non-pecuniary damage

133. The applicants claimed a total of EUR 340,000 in respect of non-pecuniary damage for the suffering they had endured as a result of the loss of their family members, the indifference shown by the authorities towards them and the failure to provide any information about the fate of their close relatives. The first applicant claimed EUR 70,000; the applicants of Abubakar Bantayev's family, that is, the second, fourth, sixth, seventh and eleventh applicants, jointly claimed EUR 135,000; the applicants of Salman Bantayev's family, the third, fifth, eighth, ninth and tenth applicants jointly claimed EUR 135,000.
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 applicants' relatives. The first applicant has been found to have been victim 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 first applicant EUR 20,000; the second, fourth, sixth, seventh and the eleventh applicants jointly 25,000 and the third, fifth, eighth, ninth and tenth applicants jointly 25,000, plus any tax that may be chargeable thereon.

D. Costs and expenses

136. 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. The aggregate claim in respect of costs and expenses related to the applicants' legal representation amounted to EUR 7,430.
137. The Government disputed the reasonableness and the justification of the amounts claimed under this heading. They further pointed out that the applicants had not enclosed any documents supporting the amount claimed under postal costs.
138. The Court has to establish first whether the costs and expenses indicated by the applicants' relatives were actually incurred and, second, whether they were necessary (see McCann and Others, cited above, § 220).
139. 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.
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. 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. The Court thus doubts that legal drafting was necessarily time-consuming to the extent claimed by the representatives. In addition, the case involved little documentary evidence, in view of the Government's refusal to submit the case file. Therefore, the Court



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