Постановление Европейского суда по правам человека от 18.02.2010 «Дело Ирисханова и Ирисханов (Iriskhanova and Iriskhanov) против России» [англ.]

e applicants jointly EUR 60,000, plus any tax that may be chargeable thereon.

B. Costs and expenses

130. The applicants were represented by the SRJI. They submitted an itemised schedule of costs and expenses that included research and interviews in Ingushetia and Moscow, at a rate of EUR 50 per hour for the work in the area of exhausting domestic remedies and of EUR 150 per hour for the drafting of submissions to the Court. The aggregate claim in respect of costs and expenses related to the applicants' legal representation amounted to EUR 6,066.
131. The Government did not dispute the reasonableness and justification for the amounts claimed under this heading.
132. The Court has to establish first whether the costs and expenses indicated by the applicants' 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).
133. Having regard to the details of the information and legal representation contracts submitted by the applicants, the Court is satisfied that these rates are reasonable and reflect the expenses actually incurred by the applicants' representatives.
134. As to whether the costs and expenses 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 one set of documents. The Court thus doubts that legal drafting was necessarily time-consuming to the extent claimed by the representatives.
135. Having regard to the details of the claims submitted by the applicants, the Court awards them the amount of EUR 5,500 together with any value-added tax that may be chargeable to the applicants, the net award to be paid into the representatives' bank account in the Netherlands, as identified by the applicants.

C. Default interest

136. 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. Decides to join to the merits the Government's objection as to non-exhaustion of domestic remedies and rejects it;
2. Declares the complaints under Article 2, Article 3 in respect of the applicants, Article 5 in respect of Zurab Iriskhanov and Article 13 of the Convention admissible;
3. Holds that there has been a substantive violation of Article 2 of the Convention in respect of Zurab Iriskhanov;
4. Holds that there has been a violation of Article 2 of the Convention in respect of the failure to conduct an effective investigation into the circumstances in which Zurab Iriskhanov disappeared;
5. Holds that there has been a violation of Article 3 of the Convention in respect of the applicants;
6. Holds that there has been a violation of Article 5 of the Convention in respect of Zurab Iriskhanov;
7. Holds that there has been a violation of Article 13 of the Convention in conjunction with Article 2 of the Convention;
8. Holds that no separate issues arise under Article 13 of the Convention in respect of the alleged violations of Articles 3 and 5;
9. Decides to strike the application out of its list of cases in accordance with Article 37 § 1 (a) of the Convention in so far as it concerns the applicants' complaints under Articles 3 and 5 in respect of Gilani Iriskhanov and the complaints under Articles 8 and 14 of the Convention;
10. Holds
(a) that the respondent State is to pay, within three months from the date on whi



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