Постановление Европейского суда по правам человека от 22.01.2009 «Дело Долсаев и другие (Dolsayev and others) против России» [англ.]

erence shown by the authorities towards them and the failure to provide any information about the fate of their close relatives.
151. The Government found the amounts claimed exaggerated.
152. The Court has found a violation of Articles 2, 5 and 13 of the Convention on account of the unacknowledged detention and disappearance of the applicants' relatives. The applicants themselves have been found to have been victims of a violation of Article 3 of the Convention. The Court thus accepts that they have suffered non-pecuniary damage which cannot be compensated for solely by the findings of violations. It awards to the applicants jointly EUR 140,000 plus any tax that may be chargeable thereon.

D. Costs and expenses

153. The applicants were represented by the SRJI. They submitted an itemised schedule of costs and expenses that included research and interviews in Chechnya 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 amounted to EUR 7,855.
154. The Government disputed the reasonableness and the justification of the amounts claimed under this heading.
155. The Court has to establish first whether the costs and expenses indicated by the applicants' relatives were actually incurred and, second, whether they were necessary (see McCann and Others, cited above, § 220).
156. Having regard to the details of the representation contract, the Court is satisfied that these rates are reasonable and reflect the expenses actually incurred by the applicants' representatives.
157. Further, it has to be established whether the costs and expenses incurred for legal representation 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, as the admissibility and merits of the application in the present case were examined together (Article 29 § 3), 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. The Court also notes that the applicants did not submit any documents in support of their claim for administrative costs.
158. Having regard to the details of the claims submitted by the applicants and acting on an equitable basis, the Court awards them the amount of EUR 5,500 together with any value-added tax that may be chargeable, the net award to be paid into the representatives' bank account in the Netherlands, as identified by the applicants.

F. Default interest

159. 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 objection as to the abuse of the right of petition;
2. 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' complaint under Article 3 about the alleged ill-treatment of Beslan, Rizvan, Rizavdi and Shuddi Dolsayev and the applicants' complaint under Article 14 of the Convention;
3. Declares the complaints under Articles 2, 3, 5 and 13 admissible;
4. Holds that there has been a violation of Article 2 of the Convention in respect of Beslan, Rizvan, Rizavdi and Shuddi Dolsayev;
5. Holds that there has been a vio



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