AL-NASHIF v. BULGARIA JUDGMENT
33
three applicants under Articles 8 and 13 of the Convention. Ruling on an
equitable basis, the Court awards EUR 7,000 to the first applicant and
EUR 5,000 to each of the remaining two applicants (a total of EUR 17,000).
B. Costs and expenses
149. The applicants claimed 5,845 US dollars (“USD”) for 118 hours of
legal work on the proceedings before the Court, at the hourly rate of
USD 40, and for 45 hours of work with the domestic institutions, at the
hourly rate of USD 25. The applicants submitted a time sheet and an
agreement between them and their lawyers and referred to a publication
which reported that the leading business law firms in Bulgaria charged
between USD 80 and 190 per hour.
They also claimed USD 792 airfare for their attorneys Mr Grozev and
Mrs Yaneva and 2,650 French francs for hotel bills, local travel and per
diem for their appearance at the hearing before the Court.
The total amount claimed by the applicants for costs and expenses is the
equivalent of approximately EUR 7,750.
150. The Government considered that contingency fee agreements were
immoral and that lawyers should provide free legal aid to indigent clients.
They submitted that the hourly rates claimed were exorbitant in view of the
low minimum wage in Bulgaria.
The Government further contested the number of hours allegedly spent
by the lawyers on the domestic and Strasbourg proceedings. In particular,
Mrs Yaneva could not claim that she had spent ten hours on seven visits to
the detention centre at Sofia airport as she had never met Mr Al-Nashif.
Further, Mrs Yaneva had not indicated the dates of her purported five visits
to the Smolyan Regional Court. Also, seven hours' work for the preparation
of appeals to five different bodies had not been required as the text had been
identical.
151. The Court reiterates that only legal costs and expenses found to
have been actually and necessarily incurred and which are reasonable as to
quantum are recoverable under Article 41 of the Convention (see, among
other authorities, Nikolova v. Bulgaria [GC], no. 31195/96, 25 March n99,
§ 79).
The fact that Mrs Yaneva was unable to meet Mr Al-Nashif at the
detention centre – where he spent 26 days in complete isolation – was an
aspect of the violation of Article 5 § 4 found in the present case. Her visits
to the detention centre, apparently in an effort to obtain a meeting with her
client, obviously constituted costs necessarily incurred in the defence of his
Convention rights.
The Court rejects the Government's submission that the number of hours
claimed exceeded the legal work which was actually done and which
needed to be done for the representation of the applicants.