14
HOVHANNISYAN v. ARMENIA JUDGMENT
incident. The claim was thus hypothetical and should be rejected. In any
event, if the Court decided to award compensation in respect of nonpecuniary damage, the amount should be less than that claimed.
64. The Court awards the applicant EUR 3,000 in respect of nonpecuniary damage.
B. Costs and expenses
65. The applicant also claimed EUR 3,510 for the costs and expenses
incurred before the Court.
66. The Government considered the amount claimed excessive.
Moreover, the applicant had failed to provide any information on the actual
work performed, the number of hours worked or the hourly rate.
Furthermore, no details been given on the translation costs claimed or their
relevance to the present case. The costs of correspondence had not been
supported by any documentary evidence.
67. 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 rejects the claim for costs and
expenses incurred in the proceedings before the Court for the lack of
adequate supporting documentation.
C. Default interest
68. 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 application admissible;
2. Holds that there has been a violation of Article 3 of the Convention on
account of the failure to carry out an adequate and effective investigation
into the allegation of ill-treatment;
3. Holds that there has been no violation of Article 3 of the Convention
under its substantive head;
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