suant to national laws. In its view, it is inconceivable that in a State subject to the rule of law a person may be deprived of his liberty in the absence of any legitimate authorisation for it (see, mutatis mutandis, Assanidze, cited above, § 173). The applicant's deprivation of liberty on 15 April 2005 was in pursuance of an unlawful removal designed to circumvent the Russian Prosecutor General's Office's dismissal of the extradition request, and not to "detention" necessary in the ordinary course of "action... taken with a view to deportation or extradition" (see Bozano, cited above, § 60).
150. Moreover, the applicant's detention was not acknowledged or logged in any arrest or detention records and thus constituted a complete negation of the guarantees of liberty and security of person contained in Article 5 of the Convention and a most grave violation of that Article (see Cyprus v. Turkey [GC], No. 25781/94, § 147, ECHR 2001-IV).
151. In such circumstances the Court cannot but conclude that from the moment of his arrest on 15 April 2005 until his transfer to the Tajik authorities the applicant was arbitrarily deprived of his liberty by Russian State agents.
152. In the light of the above considerations, the Court concludes that there has been a violation of Article 5 § 1 of the Convention.
IV. Application of Articles 41 and 46 of the Convention
153. Referring to Article 41 of the Convention, the applicant claimed 300,000 euros (EUR) in respect of the non-pecuniary damage caused by his mental and physical suffering after his unlawful extradition to Tajikistan. He further claimed EUR 4,140 for the costs and expenses incurred before the Court. In support of his claims he submitted invoices showing his two lawyers' fees. Lastly, the applicant submitted that the respondent Government should be required to ensure his release from the Tajik prison and his return to the Russian Federation.
154. The Government asserted that the amount claimed in respect of non-pecuniary damage was excessive and unreasonable and did not correspond to the Court's practice. They further stated that it had not been shown that the applicant had actually paid the sums indicated in the lawyers' invoices. The Government did not comment on the applicant's request to return him to the Russian Federation.
A. Article 41
155. Article 41 of the Convention provides:
"If the Court finds that there has been a violation of the Convention or the Protocols thereto, and if the internal law 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."
156. The Court has found violations of Articles 3 and 5 of the Convention on account of the applicant's unlawful extradition to Tajikistan and his unlawful detention by State agents. It accepts that the applicant must have sustained non-pecuniary damage which cannot be compensated for solely by the findings of violations. It finds it appropriate to award him EUR 30,000 in respect of non-pecuniary damage.
157. Furthermore, according to the Court's case-law, an applicant is entitled to the reimbursement of costs and expenses only in so far as it has been shown that these have been actually and necessarily incurred and were reasonable as to quantum. In the present case, regard being had to the documents in its possession and the above criteria, the Court considers it reasonable to award the sum of EUR 3,000, covering costs for the proceedings before the Court.
158. 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.
B. Article 46
159. The Court
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