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Постановление Европейского суда по правам человека от 22.07.2010 <Дело Ахматхановы (Akhmatkhanovy) против России» [англ.]





to liberty and security enshrined in Article 5 of the Convention.

VI. Alleged violation of Article 13 of the Convention

149. The applicants complained that they had been deprived of effective remedies in respect of the aforementioned violations, contrary to Article 13 of the Convention, which provides:
"Everyone whose rights and freedoms as set forth in [the] Convention are violated shall have an effective remedy before a national authority notwithstanding that the violation has been committed by persons acting in an official capacity."

A. The parties' submissions

150. The Government contended that the applicants had had effective remedies at their disposal as required by Article 13 of the Convention. The applicants had had an opportunity to challenge the acts or omissions of the investigating authorities in court. They could also claim damages in civil proceedings.
151. The applicants reiterated the complaint.

B. The Court's assessment

1. Admissibility

152. The Court notes that this complaint is not manifestly ill-founded within the meaning of Article 35 § 3 of the Convention. It further notes that it is not inadmissible on any other grounds. It must therefore be declared admissible.

2. Merits

153. The Court reiterates that in circumstances where, as here, a criminal 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' reference to Articles 3 and 5 of the Convention, the Court considers that, in the circumstances, no separate issue arises in respect of Article 13, read in conjunction with Articles 3 and 5 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).

VII. Application of Article 41 of the Convention

156. 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

157. The fourth applicant claimed damages in respect of loss of earnings by her husband Artur Akhmatkhanov after his arrest and subsequent disappearance. The applicant claimed a total of 683,714 Russian roubles (RUB) under this heading (17,100 euros (EUR)).
158. She claimed that her husband had been a student at the time of his abduction and that in such cases the calculation should be made on the basis of the subsistence level established by national law. She calculated his earnings for the period, taking into account an average inflation rate of 13.63%. Her calculations were also based on the actuarial tables for use in personal injury and fatal accident cases published by the United Kingdom Government Actuary's Department in 2007 ("Ogden tables").
159. The Government regarded these claims as based on suppositions and unfounded. They also pointed to the existence of domestic statutory machinery for the provision of a pension for the loss of the family breadwinner.
160. The Court reiterates that there must be a clear causal connection between the damage claimed by the applicants and the violation of the Convention,



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