ts consequences in such a way as to restore as far as possible the situation existing before the breach (restitutio in integrum). However, its judgments are essentially declaratory in nature and, in general, it is primarily for the State concerned to choose the means to be used in its domestic legal order in order to discharge its legal obligation under Article 46 of the Convention, provided that such means are compatible with the conclusions set out in the Court's judgment (see, among other authorities, Scozzari and Giunta v. Italy [GC], Nos. 39221/98 and 41963/98, § 249, ECHR 2000-VIII; {Brumarescu} v. Romania (just satisfaction) [GC], No. 28342/95, § 20, ECHR 2001-I; Akdivar and Others v. Turkey (Article 50), judgment of 1 April 1998, Reports 1998-II, pp. 723 - 24, § 47; and Marckx v. Belgium, judgment of 13 June 1979, Series A No. 31, p. 25, § 58). This discretion as to the manner of execution of a judgment reflects the freedom of choice attached to the primary obligation of the Contracting States under the Convention to secure the rights and freedoms guaranteed (Article 1) (see, mutatis mutandis, Papamichalopoulos and Others v. Greece (Article 50), judgment of 31 October 1995, Series A No. 330-B, pp. 58 - 59, § 34).
126. In the Court's opinion, the present case is distinguishable from the one referred to by the applicant's wife. In particular, the Assanidze judgment ordered the respondent State to secure the applicant's release so as to put an end to the violations of Article 5 § 1 and Article 6 § 1. The Court further notes its above finding that in the present case the effectiveness of the investigation had already been undermined at the early stages by the domestic authorities' failure to take essential investigative measures (see paragraphs 77 - 79 and 83 above). It is therefore very doubtful that the situation existing before the breach could be restored. In such circumstances, having regard to the established principles cited above, the Court finds it most appropriate to leave it to the respondent Government to choose the means to be used in the domestic legal order in order to discharge their legal obligation under Article 46 of the Convention (see Kukayev, cited above, § 134).
C. Costs and expenses
127. The applicant's wife claimed GBP 934.41 (approximately EUR 1,200) for the fees and costs she had incurred before the Court. These amounts included GBP 533 for Mr Philip Leach, a lawyer of the European Human Rights Advocacy Centre and GBP 401.41 for administrative and translation costs. The applicant's wife requested that the amount sought be transferred directly into his representatives' account.
128. The Government did not dispute this claim as such, but noted that "according to the Court's well-established law the applicants [were] entitled to reimbursement of their costs and expenses only in so far it [had] been shown that they [had] been actually incurred and [were] reasonable as to quantum".
129. 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). The Court observes that in November 2001 the applicant, and subsequently in December 2005 his wife, gave authority to the lawyers of the Memorial Human Rights Centre and the European Human Rights Advocacy Centre to represent their interests in the proceedings before the European Court of Human Rights and that these lawyers acted as their representatives throughout the proceedings. The applicant's wife also submitted invoices from translators. The Court is therefore satisfied that her claims in this part were substantiated.
130. The Court further notes that this case was not particularly complex, but neverthele
> 1 2 3 ... 21 22 23
Zaki.ru законы и право
поиск по сайту
каталог документов
добавить сайт Zaki.ru в избранное
Правовые акты международные
Правовые акты Российской Федерации
