6
MAINOV v. RUSSIA JUDGMENT
30. The Government submitted that Article 41 was to be applied in
accordance with the established case-law.
31. The Court awards the applicant 7,500 euros (EUR) in respect of
non-pecuniary damage, plus any tax that may be chargeable. It also grants
the applicant’s request to have the award paid into the account of
Ms Tseytlina.
A. Costs and expenses
32. Ms Tseytlina also claimed on behalf of the applicant EUR 1,300 in
legal fees for the proceedings before the Court. She asked to have the award
transferred to the bank account of the Anti-Discrimination Centre Memorial
(ADC Memorial), a non-governmental organisation in Brussels, Belgium.
33. The Government submitted that Article 41 was to be applied in
accordance with the established case-law.
34. Regard being had to the documents in its possession and its practice
in similar cases (see Mskhiladze, cited above, § 64), the Court considers it
reasonable to award the sum of EUR 1,000 covering costs under all heads,
plus any tax that may be chargeable to the applicant, in respect of costs and
expenses, payable into the account of the Anti-Discrimination Centre
Memorial (ADC Memorial) in Belgium.
B. Default interest
35. 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.
FOR THESE REASONS, THE COURT, UNANIMOUSLY,
1. Declares the complaint relating to the applicant’s detention pending
removal admissible and the remainder of the application inadmissible;
2. Holds that there has been a violation of Article 5 § 1 of the Convention;
3. Holds
(a) that the respondent State is to pay the applicant, within three months
the following amounts:
(i) EUR 7,500 (seven thousand five hundred euros), plus any tax
that may be chargeable, in respect of non-pecuniary damage,
payable into the bank account of Ms O. Tseytlina;