34
JALLOH v. GERMANY JUDGMENT
prevention or rectification of a violation of the Convention, to have the
same established by the Court and to obtain redress therefor. It must also be
shown that the costs were actually and necessarily incurred and are
reasonable as to quantum (see, among other authorities, Nikolova v.
Bulgaria [GC], no. 31195/96, § 79, ECHR 1999-II, and Venema v. the
Netherlands, no. 35731/97, § 117, ECHR 2002-X).
134. In the present case, regard being had to the information in its
possession and the above criteria, the Court is satisfied that both the costs of
legal representation in the proceedings before the Federal Constitutional
Court and in the Convention proceedings were incurred in order to establish
and redress a violation of the applicant’s Convention rights. Having regard
to its case-law and making its own assessment, the Court finds the amount
claimed to be reasonable as to quantum. It therefore awards the applicant
EUR 5,868.88, plus any value-added tax that may be chargeable.
C. Default interest
135. The Court considers it appropriate that the default interest 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
1. Holds by ten votes to seven that there has been a violation of Article 3 of
the Convention;
2. Holds by twelve votes to five that no separate issue arises under Article 8
of the Convention;
3. Holds by eleven votes to six that there has been a violation of Article 6
of the Convention;
4. Holds by eleven votes to six
(a) that the respondent State is to pay the applicant, within three
months, the following amounts:
(i) EUR 10,000 (ten thousand euros) in respect of non-pecuniary
damage;
(ii) EUR 5,868.88 (five thousand eight hundred and sixty-eight
euros eighty-eight cents) in respect of costs and expenses;
(iii) any tax that may be chargeable on the above amounts;
(b) that from the expiry of the above-mentioned three months until
settlement simple interest shall be payable on the above amounts at a
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