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Постановление Европейского суда по правам человека от 08.01.2009 «Дело Закриева и другие (Zakriyeva and others) против России» [англ.]





hich he could have provided. Accordingly, it makes no award under this head.

B. Non-pecuniary damage

117. The first applicant claimed EUR 40,000, the fourth and fifth applicants EUR 30,000 each and the sixth, seventh and eighth applicants EUR 5,000 each in respect of non-pecuniary damage for the suffering they had endured as a result of the loss of their family member and the indifference shown by the authorities towards them.
118. The Government found the amounts claimed exaggerated.
119. The Court has found a violation of Article 2 in its procedural aspect. It thus accepts that the applicants have suffered non-pecuniary damage which cannot be compensated for solely by the finding of a violation. It finds it appropriate to award under this heading the first, fourth and fifth applicants EUR 2,000 each and the sixth, seventh and eighth applicants EUR 850 each, plus any tax that may be chargeable on these amounts.

C. Costs and expenses

120. The applicants were represented by the SRJI. They submitted an itemised schedule of costs and expenses that included research at a rate of EUR 50 per hour and 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. They also claimed courier service expenses and translation fees confirmed by relevant invoices, as well as administrative costs that were not supported by any documents. The aggregate claim in respect of costs and expenses related to the applicants' legal representation amounted to EUR 7,773.17.
121. The Government disputed the reasonableness and the justification of the amounts claimed under this head. They also submitted that the applicants' claims for just satisfaction had been signed by six lawyers, two of whom had not been mentioned in the powers of attorney issued by the applicants. They also doubted that it had been necessary to send the correspondence to the Registry via courier service.
122. The Court notes that the applicants had given authority to act to the SRJI and its four lawyers. The applicants' observations and claims for just satisfaction were signed by six persons in total. The names of three of these persons appeared in the powers of attorney, while three other lawyers collaborated with the SRJI. In these circumstances, the Court sees no reasons to doubt that the six lawyers mentioned in the applicants' claims for costs and expenses took part in the preparation of the applicants' observations. Moreover, there are no grounds to conclude that the applicants were not entitled to send their submissions to the Court via courier service.
123. The Court now has to establish whether the costs and expenses indicated by the applicants' relative were actually incurred and whether they were necessary (see McCann and Others, cited above, § 220).
124. Having regard to the details of the information submitted, the Court is satisfied that these rates are reasonable and reflect the expenses actually incurred by the applicants' representatives.
125. 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 a single set of documents. Furthermore, the case involved little documentary evidence, in view of the Government's refusal to submit the investigation file. The Court thus doubts that the legal drafting was necessarily time-consuming to the extent claimed by the representatives.
126. Having regard to the details of



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