L.M. AND OTHERS v. RUSSIA JUDGMENT
41
allows only partial reparation to be made, the Court shall, if necessary, afford just
satisfaction to the injured party.”
1. Damage
171. The applicants claimed that they should be compensated for the
suffering endured by them as a result of the violations found and sought
compensation in respect of non-pecuniary damage. They left the amount to
the Court’s discretion.
172. The Government submitted that no compensation was necessary.
173. In so far as the applicants complained under Articles 2 and/or 3,
their forced return to Syria would, if implemented, give rise to a violation of
those provisions. Accordingly, no breach of the Convention under that head
has yet occurred in the present case. The Court considers that its finding
regarding this complaint in itself amounts to adequate just satisfaction for
the purposes of Article 41 (see Rakhimov, cited above, § 156).
174. The Court further observes that it has found other violations of the
Convention in the present case. It accepts that the applicants have suffered
non-pecuniary damage which cannot be compensated for solely by the
finding of a violation. The Court therefore awards each applicant
9,000 euros (EUR) in respect of non-pecuniary damage, plus any tax that
may be chargeable to the applicants. In respect of A.A., the Court notes that
his whereabouts remain unknown after August 2014. In such circumstances,
the Court considers it appropriate for the award to be held by the applicant’s
representatives in trust for him until such time as payment to the applicant
may be enforced (see Hirsi Jamaa and Others v. Italy [GC], no. 27765/09,
§ 215, and point 12 of the operative part, ECHR 2012; Labsi v. Slovakia,
no. 33809/08, § 155 and point 6 of the operative part, 15 May 2012; and
Mamazhonov, cited above, § 231).
2. Costs and expenses
175. The applicants also claimed 8,600 euros (EUR) for the costs and
expenses incurred before the Court. They submitted that Ms Golovanchuk
had spent eighty-six hours on the case, at an hourly rate of EUR 100.
176. The Government were of the opinion that the claims were
unnecessary and unsubstantiated.
177. 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 sum as claimed, covering costs under all heads plus any tax that may be
chargeable to the applicants.
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents