KERIMOVA v. AZERBAIJAN JUDGMENT
17
between the applicant and her lawyer, the Court considers that the amounts
claimed do not correspond to the legal assistance that was actually provided
in the present case. Therefore, only a partial award can be made in this
respect. Furthermore, the Court notes that the applicant failed to support her
claim for postal expenses with any documentary evidence and therefore no
sum can be awarded in respect of those expenses.
71. Regard being had to the above, the Court considers it reasonable to
award the sum of EUR 1,600 for the proceedings before the Court, plus any
tax that may be chargeable to the applicant on that sum.
C. Default interest
72. 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 UNANIMOUSLY
1. Declares the application admissible;
2. Holds that there has been a violation of Article 3 of Protocol No. 1 to the
Convention;
3. Holds that there is no need to examine separately the complaint under
Article 14 of the Convention;
4. Holds
(a) that the respondent State is to pay the applicant, within three months
of the date on which the judgment becomes final in accordance with
Article 44 § 2 of the Convention, the following amounts to be converted
into new Azerbaijani manats at the rate applicable on the date of
settlement:
(i) EUR 50,000 (fifty thousand euros) in respect of pecuniary
damage;
(ii) EUR 7,500 (seven thousand five hundred euros), plus any tax
that may be chargeable, in respect of non-pecuniary damage; and
(ii) EUR 1,600 (one thousand six hundred euros), plus any tax that
may be chargeable to the applicant, in respect of costs and
expenses;
(b) that from the expiry of the above-mentioned three months until
settlement simple interest shall be payable on the above amounts at a