Постановление Европейского суда по правам человека от 05.03.2009 «Дело Халитова (Khalitova) против России» [англ.]

icles 2 and 13 of the Convention on account of the death of the applicant's husband and the absence of effective remedies to secure domestic redress for the aforementioned violations. The applicant must have suffered anguish and distress as a result of all these circumstances, which cannot be compensated by the mere finding of a violation. Having regard to these considerations, the Court awards the applicant, on an equitable basis, EUR 35,000 for non-pecuniary damage, plus any tax that may be chargeable on this amount.

B. Costs and expenses

85. The applicant also claimed 2,036 United Kingdom pounds sterling (GPB - approximately EUR 2,400) for the costs and expenses she had incurred before the Court. This amount included GBP 500 for a lawyer of the European Human Rights Advocacy Centre, GBP 1,361.90 for translation of documents, and GBP 175 for administrative costs. The applicant requested that the amount sought be transferred directly into her representatives' account.
86. The Government did not dispute the details of the calculations submitted by the applicant, but argued that her claims were not supported by any documents.
87. The Court 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).
88. The Court observes that in July 2004 the applicant gave authority to the lawyers of the Memorial Human Rights Centre and the European Human Rights Advocacy Centre to represent her interests in the proceedings before the European Court of Human Rights and that these lawyers acted as the applicant's representatives throughout the proceedings. The applicant also produced invoices from translators. The Court is therefore satisfied that the applicant's claims in this part were substantiated.
89. The Court further notes that this case was not particularly complex, but nevertheless required a certain amount of research work. Having regard to the amount of research and preparation claimed by the applicant's representatives, the Court does not find these claims excessive.
90. In these circumstances, the Court awards the applicant the overall amount of EUR 2,400, together with any tax that may be chargeable to the applicant. The amount awarded in respect of costs and expenses shall be payable to the representatives directly.

C. Default interest

91. 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. Joins to the merits the Government's objection concerning the exhaustion of domestic remedies and rejects it;
2. Declares the application admissible;
3. Holds that there has been a violation of Article 2 of the Convention as regards the death of the applicant's husband;
4. Holds that there has been a violation of Article 2 of the Convention on account of the authorities' failure to carry out an adequate and effective investigation into the circumstances surrounding the death of the applicant's husband;
5. Holds that there has been a violation of Article 13, in conjunction with Article 2 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:
(i) EUR 35,000 (thirty-five thousand euros), to be converted into Russian roubles at the rate applicable at the date of settlement, in respect of non-pecuniary damage;


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