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Постановление Европейского суда по правам человека от 22.07.2010 <Дело Бенуева и другие (Benuyeva and others) против России» [англ.]





al investigation into the disappearance has been ineffective and the effectiveness of any other remedy that might have existed, including civil remedies suggested by the Government, has consequently been undermined, the State has failed in its obligation under Article 13 of the Convention (see Khashiyev and Akayeva, cited above, § 183).
154. Consequently, there has been a violation of Article 13 in conjunction with Article 2 of the Convention.
155. As regards the applicants' mental suffering, the Court considers that, in the circumstances, no separate issue arises in respect of Article 13, read in conjunction with Article 3 of the Convention (see Kukayev v. Russia, No. 29361/02, § 119, 15 November 2007, and Aziyevy v. Russia, No. 77626/01, § 118, 20 March 2008).

VI. Other alleged violations of the Convention

156. The applicants complained under Article 8 of the Convention that the Russian servicemen unlawfully searched their homes and under Article 14 of the Convention alleging that they had been discriminated against in the enjoyment of their Convention rights on the grounds of their Chechen ethnic origin.
157. Having regard to all the material in its possession, and as far as it is within its competence, the Court finds that the applicant's submissions disclose no appearance of violations of the rights and freedoms set out in the Convention or its Protocols. It follows that this part of the application must be rejected as being manifestly ill-founded, pursuant to Article 35 §§ 3 and 4 of the Convention.

VII. Application of Article 41 of the Convention

158. Article 41 of the Convention provides:
"If the Court finds that there has been a violation of the Convention or the Protocols thereto, and if the internal law of the High Contracting Party concerned allows only partial reparation to be made, the Court shall, if necessary, afford just satisfaction to the injured party."

A. Pecuniary damage

159. The first, ninth and tenth applicants, all retired, claimed damages in respect of the loss of their sons' earnings after their disappearance. The applicants submitted that Abu Zhanalayev and Sayd-Selim Benuyev, both unemployed at the time of their disappearance, would not have had incomes lower than the subsistence level applicable in Russia. Basing their calculations on the actuarial tables for use in personal injury and fatal accident cases published by the United Kingdom Government Actuary's Department ("the Ogden tables") and relevant provisions of the Russian legislation, the first applicant claimed 164,653.92 Russian roubles (RUB) (4,480 euros (EUR)), the ninth applicant claimed RUB 114,947.61 (EUR 3,130) and the tenth applicant claimed RUB 136,693.52 (EUR 3,720) in respect of pecuniary damage.
160. The Government argued that the claims were unsubstantiated and that the three applicants had not made use of the domestic avenues for obtaining compensation for the loss of a breadwinner.
161. The Court reiterates that there must be a clear causal connection between the damage claimed by the applicant and the violation of the Convention, and that this may, in an appropriate case, include compensation in respect of loss of earnings. Having regard to its conclusions above, it finds that there is a direct causal link between the violation of Article 2 in respect of Abu Zhanalayev and Sayd-Selim Benuyev and the loss to the first, ninth and tenth applicants, the retired persons, of the financial support which their sons could have provided.
162. Having regard to the first, ninth and tenth applicants' submissions and the materials in its possession and accepting that it is reasonable to assume Abu Zhanalayev and Sayd-Selim Benuyev would eventually have had some earnings resulting in financial support for their elderly par



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