Постановление Европейского суда по правам человека от 08.01.2009 «Дело Шахгириева и другие (Shakhgiriyeva and others) против России» [англ.]

rocedural violation of Article 2 and of Article 13 on account of the ineffectiveness of the investigation into the deaths of the sixth and seventh applicants' relatives. The Court thus accepts that they have suffered non-pecuniary damage which cannot be compensated for solely by the findings of violations. It awards the following amounts to the applicants, plus any tax that may be chargeable on them:
(i) EUR 35,000 to the first applicant;
(ii) EUR 35,000 to the second and third applicants jointly;
(iii) EUR 35,000 to the fourth applicant;
(iv) EUR 35,000 to the fifth applicant;
(v) EUR 10,000 to the sixth applicant; and
(vi) EUR 10,000 to the seventh applicant.

C. Costs and expenses

210. 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 8,957.
211. The Government disputed the reasonableness and the justification of the amounts claimed under this heading. They questioned, in particular, whether all the lawyers working for the SRJI had been involved in the present case and whether it had been necessary for the applicants to rely on courier mail.
212. 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).
213. Having regard to the details of the information submitted and the contracts for legal representation concluded between the SRJI and the applicants, the Court is satisfied that these rates are reasonable and reflect the expenses actually incurred by the applicants' representatives. The Court notes that this case was rather complex and required the amount of research and preparation claimed by the applicants.
214. Having regard to the details of the claims submitted by the applicants, the Court awards them the amount of EUR 8,957, less EUR 850 received by way of legal aid from the Council of Europe, 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.

D. Default interest

215. 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 preliminary objection;
2. Holds that there has been a failure to comply with Article 38 § 1 (a) of the Convention in that the Government have refused to submit documents requested by the Court;
3. Holds that there has been a violation of the substantive aspect of Article 2 of the Convention in respect of Magomed Shakhgiriyev, Ali Magomadov, Ismail Umarov and Umalat Abayev;
4. Holds that there has been no violation of the substantive aspect of Article 2 of the Convention in respect of Aslan Israilov and Khasin Yunusov;
5. Holds that there has been a violation of the positive obligations under Article 2 of the Convention on account of the failure to conduct an effective investigation into the circumstances in which Magomed Shakhgiriyev, Ali Magomadov, Ismail Umarov, Umalat Abayev, Aslan Israilov and Khasin Yunusov died;
6. Holds that there has been no violation of Article 3 of th



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