ÇAKICI v. TURKEY JUDGMENT
34
before the Court in Strasbourg. A sum of GBP 3,520 is listed as incurred
fees and administrative costs in respect of the Kurdish Human Rights
Project (KHRP) in its role as liaison between the legal team in the United
Kingdom and the lawyers and the applicant in Turkey, as well as a sum of
GBP 3,600 in respect of work undertaken by three lawyers in Turkey. The
applicant requested that the Court provide reasons for the award which it
gave, or at least for departing from the sums claimed, in order to promote
legal certainty and assist future applicants and their legal representatives.
132. The Government disputed that any sum should be awarded in
respect of the KHRP, whose function is insufficiently elaborated. They
contested the appropriateness of awarding high fees and costs in respect of
lawyers from outside Turkey and also contended that the fees claimed in
respect of work done by lawyers in Turkey were excessive in comparison
with local rates, in particular the claimed hourly rate of GBP 60 which
contrasted markedly with the hourly rate of GBP 25 claimed by domestic
lawyers in the Kurt case cited above. They also challenged that they should
be liable to fund case-law research and analysis which the applicant’s
lawyers would be able to utilise in other cases.
133. In relation to the claim for costs, the Court, deciding on an
equitable basis and having regard to the details of the claims submitted by
the applicant, awards him the sum of GBP 20,000, together with any valueadded tax that may be chargeable, less the 7,000 French francs received by
way of legal aid from the Council of Europe.
C. Default interest
134. The Court considers it appropriate to take the statutory rate of
interest applicable in the United Kingdom at the adoption of adotion of the
present judgment, namely 7.5% per annum.
FOR THESE REASONS, THE COURT
1. Dismisses unanimously the Government’s preliminary objection;
2. Holds unanimously that there has been a violation of Article 2 of the
Convention;
3. Holds unanimously that there has been a violation of Article 3 of the
Convention in respect of the applicant’s brother;
4. Holds by fourteen votes to three that there has been no violation of
Article 3 of the Convention in respect of the applicant;