LABITA v. ITALY JUDGMENT 41 B. Costs and expenses 208. Lastly, the applicant sought reimbursement of his costs and fees incurred before the Commission and the Court, but did not quantify the amount. 209. The Government left the issue to the Court's discretion. 210. Having regard to the fact that the applicant, who was legally aided before the Commission, has not quantified his claim for costs and expenses or furnished any fee note, the Court dismisses it (see the Calogero Diana judgment cited above, p. 1778, § 47, and the Papageorgiou v. Greece judgment of 22 October 1997, Reports 1997-VI, p. 2293, § 60). However, the applicant must have incurred some costs for the hearing before the Court. The Court considers it reasonable to award him ITL 6,000,000 under this head. C. Default interest 211. According to the information available to the Court, the statutory rate of interest applicable in Italy at the date of adoption of the present judgment is 2.5% per annum. FOR THESE REASONS, THE COURT 1. Holds by nine votes to eight that there has been no violation of Article 3 of the Convention as regards the applicant's allegations of ill-treatment in Pianosa Prison; 2. Holds unanimously that there has been a violation of Article 3 of the Convention in that no effective official investigation into those allegations was held; 3. Holds unanimously that there has been no violation of Article 3 of the Convention on account of the conditions of transfer from Pianosa Prison; 4. Holds unanimously that the applicant may claim to be a “victim” for the purposes of Article 34 of the Convention as regards the length of his pre-trial detention; 5. Holds unanimously that there has been a violation of Article 5 § 3 of the Convention on account of the length of detention pending trial;