Постановление Европейского суда по правам человека от 08.04.2010 «Дело Абдурашидова (Abdurashidova) против России» [англ.]

at least partly caused by State agents.
115. In the light of the above considerations, the Court finds it appropriate to awards an amount of EUR 8,000 to the applicant as compensation for the pecuniary losses sustained, plus any tax that may be chargeable on that amount.

B. Non-pecuniary damage

116. The applicant claimed EUR 300,000 in respect of non-pecuniary damage for the suffering she had endured as a result of the loss of her daughter and the failure to investigate it properly.
117. The Government found the amount claimed exaggerated.
118. The Court has found a violation of the positive obligation to protect the right to life of the applicant's daughter and a violation of the right to the peaceful enjoyment of property under Articles 2 and 13 of the Convention and Article 1 of Protocol No. 1. The Court accepts that the applicant has suffered non-pecuniary damage which cannot be compensated for solely by the findings of violations. It awards her EUR 60,000, plus any tax that may be chargeable on that amount.

C. Costs and expenses

119. The applicant was represented by two lawyers from the International Protection Centre. They submitted a breakdown of costs borne by them, which included fifty-six hours of research and drafting legal documents at a rate of EUR 60 per hour and EUR 120 of postal and stationary expenses. The aggregate claim in respect of costs and expenses related to legal representation amounted to EUR 3,480.
120. The Government did not dispute the reasonableness of and justification for the amounts claimed under this heading.
121. The Court has to establish first whether the costs and expenses indicated by the applicant's representatives were actually incurred and, second, whether they were necessary (see McCann and Others v. the United Kingdom, 27 September 1995, § 220, Series A No. 324).
122. Having regard to the information submitted by the applicant, the Court is satisfied that these rates are reasonable and reflect the expenses actually incurred by the applicant's representatives.
123. As to whether the costs and expenses incurred for legal representation were necessary, the Court notes that this case was relatively complex and required a certain amount of research and preparation.
124. Having regard to the details of the claims submitted by the applicant, the Court awards her the amount of EUR 3,480 as claimed, together with any value-added tax that may be chargeable to her.

D. Default interest

125. 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. Dismisses the Government's objections as to non-exhaustion of domestic remedies in respect of the complaints under Article 2 of the Convention and Article 1 of Protocol No. 1;
2. Declares the complaints under Articles 2, 3 and 13 of the Convention and Article 1 of Protocol No. 1 admissible;
3. Holds that there has been no substantive violation of Article 2 of the Convention in respect of Summaya Abdurashidova;
4. Holds that there has been a violation of Article 2 of the Convention on account of the State's failure to comply with its positive obligation to protect the life of Summaya Abdurashidova;
5. Holds that there has been a violation of Article 2 of the Convention on account of the failure to conduct an effective investigation into the circumstances in which Summaya Abdurashidova died;
6. Holds that no separate issues arise under Article 3 of the Convention;
7. Holds that there has been a violation of Article 1 of Protocol No. 1 to the Convention;



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