12
KIM v. RUSSIA JUDGMENT
documents or bank account, he asked the Court to order payment of any
award into the bank account of his representative, Ms Tseytlina.
60. The Government considered that the finding of a violation would
constitute sufficient just satisfaction.
61. The Court awards the applicant 30,000 euros (EUR) in respect of
non-pecuniary damage, plus any tax that may be chargeable.
B. Costs and expenses
62. The applicant also claimed EUR 1,070 for the work of two
representatives in the domestic proceedings and before the Court.
63. The Government submitted that the applicant failed to submit
supporting documents.
64. According to the Court’s case-law, an applicant is entitled to the
reimbursement of costs and expenses only in so far as it has been shown
that these have been actually and necessarily incurred and are reasonable as
to quantum. In the present case, regard being had to the documents in its
possession and the above criteria, the Court considers it reasonable to award
the amount claimed, that is, EUR 1,070, covering costs under all heads plus
any tax that may be chargeable to the applicant.
C. Default interest
65. The Court considers it appropriate that the default interest rate
should be based on the marginal lending rate of the European Central Bank,
to which should be added three percentage points.
IV. APPLICATION OF ARTICLE 46 OF THE CONVENTION
66. Article 46 of the Convention provides:
“1. The High Contracting Parties undertake to abide by the final judgment of the
Court in any case to which they are parties.
2. The final judgment of the Court shall be transmitted to the Committee of
Ministers, which shall supervise its execution.”
67. The Court reiterates that by Article 46 of the Convention the
Contracting Parties have undertaken to abide by the final judgments of the
Court in any case to which they are parties, execution being supervised by
the Committee of Ministers. It follows, inter alia, that a judgment in which
the Court finds a breach of the Convention or the Protocols thereto imposes
on the respondent State a legal obligation not just to pay those concerned
the sums awarded by way of just satisfaction, but also to choose, subject to
supervision by the Committee of Ministers, the general and/or, if
appropriate, individual measures to be adopted in their domestic legal order