ELCI AND OTHERS v. TURKEY JUDGMENT
124
731. The Government submitted that only documented costs, with
receipts, invoices, telephone bills and the like could be considered, not the
rough calculations presented by the applicants.
732. The Court is not persuaded that all the fees claimed in respect of
the KHRP, involving inter alia four British lawyers, were necessarily
incurred or that it was essential to have in addition three Turkish lawyers
assisting the applicants, themselves lawyers. It accepts, however, that this
was a complex case, involving many applicants and considerable translation
and co-ordination costs. Deciding on an equitable basis, the Court awards
EUR 43,385 in fees and EUR 2,855 in costs, to be paid into the bank
account indicated in the applicants' just satisfaction claim.
D. Default interest
733. 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
1. Dismisses, unanimously, the Government's preliminary objections;
2. Holds, by 6 votes to 1, that there has been both a substantive and
procedural violation of Article 3 of the Convention in the case of the
applicants Tahir Elçi, Niyazi Çem, Meral Daniş Beştaş, Hüsniye Ölmez,
Şinasi Tur, Sabahattin Acar, Mehmet Selim Kurbanoğlu, Mesut Beştaş
and Vedat Erten;
3. Holds, unanimously, that there has been a violation of Article 5 § 1 of
the Convention in the case of each of the applicants;
4. Holds, unanimously, that there has been a violation of Article 8 of the
Convention in the case of the applicants Tahir Elçi, Şinasi Tur,
Sabahattin Acar, Niyazi Çem and Mehmet Selim Kurbanoğlu;
5. Holds, unanimously, that it is not necessary to examine separately the
applicants' complaints under Article 1 of Protocol No. 1;
6. Holds, unanimously, that there has been no violation of former
Article 25 of the Convention;
7. Holds, by 6 votes to 1,
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