Постановление Европейского суда по правам человека от 20.05.2010 «Дело Хайдаров (Khaydarov) против России» [англ.]

urly rates. The applicant further claimed compensation for postal and administrative fees in the amount of 7% of the legal fees claimed, that is, EUR 464.
162. The Government submitted that the applicant had substantiated with appropriate evidence his claims in the amount of RUB 55,000 but had failed to show that the remaining costs had actually been incurred.
163. 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 dismisses the claim for costs and expenses in the Strasbourg proceedings as unsubstantiated and considers it reasonable to award the sum of EUR 1,240 for the domestic proceedings.

C. Default interest

164. 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 complaints under Articles 3, 5 and 13 admissible and the remainder of the application inadmissible;
2. Holds that, if the order to extradite the applicant to Tajikistan were to be enforced, there would be a violation of Article 3 of the Convention;
3. Holds that there has been a violation of Article 5 § 1 of the Convention;
4. Holds that there has been a violation of Article 5 § 4 of the Convention;
5. Holds that no separate issues arise under Article 13 of the Convention in respect of the alleged violation of Article 3 of the Convention;
6. Holds
(a) that the respondent State is to pay the applicant, within three months from the date on which the judgment becomes final in accordance with Article 44 § 2 of the Convention, the following amounts, plus any tax that may be chargeable, to be converted into Russian roubles at the rate applicable at the date of settlement:
(i) EUR 15,000 (fifteen thousand euros) in respect of non-pecuniary damage; and
(ii) EUR 1,240 (one thousand two hundred and forty euros) in respect of costs and expenses;
(b) that from the expiry of the above-mentioned three months until settlement simple interest shall be payable on the above amounts at a rate equal to the marginal lending rate of the European Central Bank during the default period plus three percentage points;
7. Dismisses the remainder of the applicant's claim for just satisfaction.

Done in English, and notified in writing on 20 May 2010, pursuant to Rule 77 §§ 2 and 3 of the Rules of Court.

Christos ROZAKIS
President

{Soren} NIELSEN
Registrar

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