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Постановление Европейского суда по правам человека от 28.10.2010 «Дело Сасита Исраилова и другие (Sasita Israilova and others) против России» [англ.]





sions had been completed, the work did not involve a large number of documents and the Court therefore doubts whether at its later stages the case required the amount of research and preparation claimed by the applicants' representatives.
159. In these circumstances, having regard to the details of the claims submitted by the applicants, the Court awards them the reduced amount of EUR 8,000, together with any tax that may be chargeable to the applicants. The amount awarded shall be payable to the representative organisation directly.

C. Default interest

160. 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 UNANIMOUSLY

1. Dismisses the Government's preliminary objections;
2. Holds that there has been a violation of Article 2 of the Convention as regards the disappearance of Ilyas and Isa Yansuyev;
3. Holds that there has been a violation of Article 2 of the Convention on account of the authorities' failure to carry out an adequate and effective investigation into the circumstances surrounding the disappearance of Ilyas and Isa Yansuyev;
4. Holds that there has been a violation of Article 3 of the Convention on account of the mental suffering endured by the applicants because of their relatives' disappearance and the lack of an effective investigation into the matter;
5. Holds that there has been a violation of Article 5 of the Convention in respect of Ilyas and Isa Yansuyev;
6. Holds that there has been a violation of Article 13 of the Convention in conjunction with Article 2 of the Convention;
7. Holds that no separate issues arise under Article 13 of the Convention in respect of the alleged violation of Articles 3 and 5 of the Convention;
8. Holds that there has been a failure to comply with Article 38 of the Convention;
9. Holds
(a) that the respondent State is to pay the applicants, within three months from the date on which the judgment becomes final in accordance with Article 44 § 2 of the Convention, the following amounts, all of which, save for those payable into the bank in the Netherlands, are to be converted into Russian roubles at the rate applicable on the date of settlement:
(i) EUR 6,000 (six thousand euros) to each of the first, second and fourth applicants and EUR 4,500 (four thousand five hundred euros) to each of the third and fifth applicants in respect of pecuniary damage;
(ii) EUR 25,000 (twenty-five thousand euros) to each of the first and second applicants, EUR 15,000 (fifteen thousand euros) to each of the third and fifth applicants, EUR 30,000 (thirty thousand euros) to the fourth applicant and EUR 10,000 (ten thousand euros) to the sixth applicant in respect of non-pecuniary damage;
(iii) EUR 8,000 (eight thousand euros) in respect of costs and expenses, to be paid in euros into the bank account in the Netherlands indicated by the applicants' representative;
(iv) any tax that may be chargeable to the applicants on the above amounts;
(b) that from the expiry of the above-mentioned three months until settlement simple interest shall be payable on the above amounts at a rate equal to the marginal lending rate of the European Central Bank during the default period plus three percentage points;
10. Dismisses the remainder of the applicants' claim for just satisfaction.

Done in English, and notified in writing on 28 October 2010, pursuant to Rule 77 §§ 2 and 3 of the Rules of Court.

Christos ROZAKIS
President

{Soren} NIELSEN
Registrar






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