32 KABLIS v. RUSSIA JUDGMENT “If the Court finds that there has been a violation of the Convention or the Protocols thereto, and if the internal law of the High Contracting Party concerned allows only partial reparation to be made, the Court shall, if necessary, afford just satisfaction to the injured party.” A. Damage 109. The applicant claimed 16,000 euros (EUR) in respect of non-pecuniary damage. 110. The Government submitted that the applicant had not produced any documents in support of his claim. The claim was in any event excessive. 111. The Court awards the applicant EUR 12,500 in respect of non-pecuniary damage. B. Costs and expenses 112. Relying on a legal fee agreement, the applicant also claimed EUR 2,500 for legal fees incurred before the domestic courts and the Court. 113. The Government submitted that there was no evidence that the legal fee had actually been paid. 114. 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 considers it reasonable to award the sum of EUR 2,500 covering costs under all heads. C. Default interest 115. 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. Decides to join the applications; 2. Declares the applications admissible; 3. Holds that there has been a violation of Article 11 of the Convention; 4. Holds that there has been a violation of Article 13 of the Convention in conjunction with Article 11;

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