HARUTYUNYAN v. ARMENIA JUDGMENT
19
torture in the criminal proceedings against him, and that this cannot be
compensated solely by the finding of a violation. The Court notes, however,
that the amount of non-pecuniary damage claimed is excessive. The Court,
ruling on an equitable basis, awards the applicant EUR 4,000 in respect of
non-pecuniary damage.
B. Costs and expenses
72. The applicant also claimed a total of AMD 13,115,000
(approximately EUR 24,220) for costs and expenses, including transport
and hotel costs in the amount of AMD 1,464,000 (approximately
EUR 2,703) incurred by his lawyer who, having attended 16 court hearings
before the Syunik Regional Court, had to travel by taxi to Syunik Region
and occasionally stay there overnight; 770 hours of legal work carried out
by his lawyer since May 1999, which amounted to AMD 11,550,000
(approximately EUR 21,330); and postal expenses in the amount of
AMD 101,000 (approximately EUR 186). With regard to the transport costs,
the applicant submitted that he was unable to submit any proof of these
costs since only a few taxis in Armenia were equipped with facilities
enabling them to provide receipts. With regard to the 770 hours of legal
work, the applicant submitted that, since he was insolvent from 2000, he
had reached an agreement with his lawyer that he would pay him the above
sum in the future, after he had been released and was able to earn money.
73. The Government submitted that the applicant had failed to
substantiate his claims concerning legal fees with any documents. He had
not submitted any proof that these costs had been actually incurred or were
necessary, or that an agreement existed between him and his lawyer to make
such payments in the future. In any event, the amount claimed was
exorbitant. With regard to the travel and hotel costs, the applicant had again
failed to submit any documentary proof. His submission that taxis in
Armenia were not equipped with the relevant facilities was untrue, and he
had also failed to substantiate the necessity of travelling to Syunik Region
by taxi when other cheaper means of transport existed. Finally, with regard
to postal expenses, nothing indicated that the postal receipts submitted by
the applicant’s representative, Mr Alumyan, concerned communications
made with the Court in connection with the present case and not other cases
in which Mr Alumyan was also involved as the representative.
74. According to the Court’s case-law, an applicant is entitled to
reimbursement of his costs and expenses only in so far as it has been shown
that these have been actually and necessarily incurred and were reasonable
as to quantum (see The Sunday Times v. the United Kingdom (Article 50),
6 November 1980, § 23, Series A no. 38). The Court notes that the
documentary evidence produced by the applicant only covers his postal
expenses in the amount of 144 United States dollars (approximately
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