48
ĐORĐEVIĆ v. CROATIA JUDGMENT
national authorities about their harassment were essentially aimed at
remedying the violation of the Convention rights alleged before the Court,
and that these costs may be taken into account in assessing the claim for
costs (see Scordino v. Italy (no. 1) [GC], no. 36813/97, § 284, ECHR
2006-V, and Medić v. Croatia, no. 49916/07, § 50, 26 March 2009). Regard
being had to the information in its possession and the above criteria, the
Court awards the applicants jointly EUR 1,206 for the costs and expenses
incurred in the domestic proceedings and EUR 3,500 for those before the
Court, less EUR 850 already received by way of legal aid from the Council
of Europe, plus any tax that may be chargeable to the applicants on that
amount.
C. Default interest
176. 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 complaints under Articles 3 and 8, as well as the complaint
under Article 13 of the Convention in so far as it relates to the
complaints under Articles 3 and 8, admissible and the remainder of the
application inadmissible;
2. Holds that there has been a violation of Article 3 of the Convention in
respect of the first applicant;
3. Holds that there has been a violation of Article 8 of the Convention in
respect of the second applicant;
4. Holds that there has been a violation of Article 13 of the Convention;
5. Holds
(a) that the respondent State is to pay the applicants jointly, within three
months of the date on which the judgment becomes final in accordance
with Article 44 § 2 of the Convention, the following amounts, which are
to be converted into the currency of the respondent State at the rate
applicable on the date of settlement:
(i) EUR 11,500 (eleven thousand five hundred euros), plus any tax
that may be chargeable, in respect of non-pecuniary damage;