ented by lawyers from the SRJI. They submitted a schedule of costs and expenses that included research and interviews in Ingushetia and Moscow, at a rate of EUR 50 per hour, and the drafting of legal documents submitted to the Court and the domestic authorities, at a rate of EUR 50 per hour for the SRJI lawyers and EUR 150 per hour for the SRJI senior staff. The aggregate claim in respect of costs and expenses related to the applicants' legal representation thus amounted to EUR 8,608.45, comprising EUR 7,162 for 65 hours spent by the SRJI staff on preparing and representing the applicants' case, EUR 928.93 for translation expenses, EUR 17.18 for international courier post to the Court and EUR 501.34 for administrative costs (7% of legal fees).
146. The Government pointed out that the applicants were only entitled to reimbursement of costs and expenses that had actually been incurred and were reasonable. They also noted that three of the SRJI's lawyers who had signed the applicants' observations and claims for just satisfaction had not been named in the powers of attorney. The Government further argued that the applicants could have sent their correspondence through the Russian postal system rather than using international courier post.
147. The Court notes that the applicants issued a power of attorney in respect of the SRJI. It is satisfied that the lawyers indicated in their claim formed part of the SRJI staff. Accordingly, the objection must be dismissed.
148. The Court further reiterates that costs and expenses will not be awarded under Article 41 unless it is established that they were actually and necessarily incurred, and were also reasonable as to quantum (see Iatridis v. Greece (just satisfaction) [GC], No. 31107/96, § 54, ECHR 2000-XI).
149. It notes that the SRJI acted as the applicants' representative throughout the proceedings. The applicants also submitted documents in support of their claims for translation and postal expenses. Having regard to these documents and the rates for the work of the SRJI lawyers and senior staff, the Court is satisfied that these rates are reasonable and reflect the expenses actually incurred by the applicants' representatives. It further notes that this case has been rather complex and has required a certain amount of research work. Having regard to the amount of research and preparation carried out by the applicant's representatives, the Court does not find that part of the claim excessive.
150. In these circumstances, having regard to the details of the claims submitted by the applicants, the Court awards them the full amount of EUR 8,608.45, as claimed, together with any tax that may be chargeable to the applicants. The amount awarded shall be payable to the representative organisation directly.
C. Default interest
151. 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 strike the application out of its list of cases in accordance with Article 37 § 1 (c) of the Convention in so far as the twenty-eighth and thirty-fourth applicants' complaints are concerned;
2. Joins to the merits the Government's objection concerning the exhaustion of domestic remedies and rejects it;
3. Declares the complaints under Articles 2 and 3, in so far as the alleged ill-treatment of the applicants' relatives was concerned, and Article 5 of the Convention and the complaints under Article 13, in conjunction with Articles 2 and 3, in so far as the alleged ill-treatment of the applicants' relatives was concerned, and in conjunction with Article 5 of the Convention admissible and the remainder of the application inad
> 1 2 3 ... 22 23 24 25 ... 26
Zaki.ru законы и право
поиск по сайту
каталог документов
добавить сайт Zaki.ru в избранное
Правовые акты международные
Правовые акты Российской Федерации
