ĐORĐEVIĆ v. CROATIA JUDGMENT
47
none of the remedies referred to by the Government could have addressed
the applicants’ situation in connection with their complaints under
Articles 3 and 8 of the Convention.
168. Therefore, the Court considers that the applicants had no effective
remedy available in respect of their complaints under Articles 3 and 8 of the
Convention. Accordingly, there has been a violation of Article 13 in that
respect.
IV. APPLICATION OF ARTICLE 41 OF THE CONVENTION
169. Article 41 of the Convention provides:
“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
170. The applicants claimed 10,000 euros (EUR) each in respect of nonpecuniary damage.
171. The Government deemed the amount claimed excessive and
unsubstantiated.
172. Having regard to all the circumstances of the present case, the
Court accepts that the applicants suffered non-pecuniary damage which
cannot be compensated for solely by the finding of a violation. Making its
assessment on an equitable basis, the Court awards the applicants jointly
EUR 11,500 in respect of non-pecuniary damage, plus any tax that may be
chargeable to them.
B. Costs and expenses
173. The applicants, who had been granted legal aid under the Council
of Europe’s scheme, also claimed EUR 1,206 for the costs and expenses
incurred before the domestic courts and EUR 4,997.13 for those incurred
before the Court.
174. The Government submitted that the applicants had not provided the
itemised particulars of the claim.
175. 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 that the costs the
applicants incurred in connection with the complaints they made before the