its established case-law, an award can be made in respect of costs and expenses only in so far as they have been actually and necessarily incurred by the applicant and are reasonable as to quantum (see, among other authorities, Nikolova v. Bulgaria [GC], No. 31195/96, § 79, ECHR 1999-II, and Smith and Grady v. the United Kingdom (just satisfaction), Nos. 33985/96 and 33986/96, § 28, ECHR 2000-IX). Furthermore, legal costs are only recoverable in so far as they relate to the violation found (see, for example, Beyeler v. Italy (just satisfaction) [GC], No. 33202/96, § 27, 28 May 2002, and Sahin v. Germany [GC], No. 30943/96, § 105, ECHR 2003-VIII).
62. In the light of its findings on the admissibility and merits of the present application, the documents submitted by the applicant in support of his claims, and other relevant information and material, the Court considers it appropriate to award the applicant EUR 600 (six hundred euros) in respect of costs and expenses, plus any tax that may be chargeable to the applicant on that amount.
C. Default interest
63. 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. Declares the complaint under Article 5 § 4 of the Convention concerning the speediness of the judicial review of the applicant's application for release admissible, and the remainder of the application inadmissible;
2. Holds that there has been a violation of Article 5 § 4 of the Convention on account of the delayed judicial review of the applicant's application for release;
3. Holds:
(a) that the respondent State is to pay the applicant, within three months of the date on which the judgment becomes final in accordance with Article 44 § 2 of the Convention, EUR 600 (six hundred euros) in respect of non-pecuniary damage, and EUR 600 (six hundred euros) in respect of costs and expenses, to be converted into Russian roubles at the rate applicable on the date of settlement, plus any tax that may be chargeable to the applicant on those amounts;
(b) that from the expiry of the above-mentioned three months until settlement simple interest shall be payable on the above amount at a rate equal to the marginal lending rate of the European Central Bank during the default period plus three percentage points.
4. Dismisses the remainder of the applicant's claim for just satisfaction.
Done in English, and notified in writing on 15 July 2010, pursuant to Rule 77 §§ 2 and 3 of the Rules of Court.
Christos ROZAKIS
President
{Soren} NIELSEN
Registrar
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