KURT JUDGMENT OF 25 MAY 1998
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179. The Court notes that the issues raised by this case are particularly
complex and involved on the part of the applicant’s legal representatives
considerable background research and analysis. Having regard to the fact
that an applicant is free to designate a legal representative of his or her own
choosing, Mrs Kurt’s recourse to United Kingdom-based lawyers
specialising in the international protection of human rights cannot be
criticised. In view of the specifications submitted by the applicant and
deciding on an equitable basis it awards the sum of GBP 15,000 in respect
of costs and expenses claimed by the United Kingdom-based lawyers and
her Turkish lawyers together with any value-added tax that may be
chargeable, less the amounts received by way of legal aid from the Council
of Europe which have not already been taken into account.
180. On the other hand, the Court is not persuaded of the merits of the
claim (GBP 3,725) made on behalf of the KHRP, having been provided
with no details on the precise extent of that organisation’s involvement in
the preparation of the case. This part of the claim is accordingly rejected.
C. Default interest
181. According to the information available to the Court, the statutory
rate of interest applicable in the United Kingdom at the date of adoption of
the present judgment is 8% per annum.
FOR THESE REASONS, THE COURT
1. Dismisses unanimously the Government’s preliminary objection
concerning the validity of the applicant’s application;
2. Dismisses unanimously the Government’s preliminary objection
concerning the non-exhaustion of domestic remedies;
3. Holds unanimously that it is not necessary to decide on the applicant’s
complaint under Article 2 of the Convention;
4. Holds unanimously that it is not necessary to decide on the applicant’s
complaint in respect of her son under Article 3 of the Convention;
5. Holds by six votes to three that there has been a violation of Article 5 of
the Convention;
6. Holds by six votes to three that there has been a violation of Article 3 of
the Convention in respect of the applicant herself;
7. Holds by seven votes to two that there has been a violation of Article 13
of the Convention;