Постановление Европейского суда по правам человека от 15.07.2010 <Дело Гелаевы (Gelayevy) против России» [англ.]

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162. 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, has consequently been undermined, the State has failed in its obligation under Article 13 of the Convention (see Khashiyev and Akayeva, cited above, § 183).
163. Consequently, there has been a violation of Article 13 in conjunction with Article 2 of the Convention.
164. 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 these provisions (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

165. 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

166. The first and second applicants claimed damages in respect of the loss of earnings by their son after his arrest and subsequent disappearance. The first applicant claimed an amount of 397,746 Russian roubles (RUB), approximately 9,900 euros (EUR), and the second applicant claimed an amount of RUB 428,871 (EUR 10,700) under this head. The total amount claimed by the applicants under this head was EUR 20,600.
167. The first and second applicants claimed that although at the time of his abduction Murad Gelayev worked as a tractor driver, they were unable to obtain payslips for him, and that the calculation should therefore be made on the basis of the subsistence level established by national law. They calculated his earnings for the period taking into account an average inflation rate of 13.63%. Their 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").
168. The Government regarded these claims as based on suppositions and as unfounded. They also pointed to the existence of a statutory mechanism in domestic law for the provision of a pension to compensate for the loss of the family breadwinner.
169. The Court reiterates that there must be a clear causal connection between the damage claimed by the applicants and the violation of the Convention, and that this may, in an appropriate case, include compensation in respect of loss of earnings. The Court further finds that the loss of earnings applies to elderly parents and that it is reasonable to assume that Murad Gelayev would eventually have had some earnings from which the first and second applicants would have benefited (see, among other authorities, Imakayeva, cited above, § 213). Having regard to its conclusions above, it finds that there is a direct causal link between the violation of Article 2 in respect of the applicants' son and the loss by the two applicants of the financial support which he could have provided. Having regard to the applicants' submissions, the Court awards EUR 18,000 to the applicants jointly in respect of pecuniary damage, plus any tax that may be chargeable on that amount.

B. Non-pecuniary damage

170. The applicants claimed a total of EUR 100,000 jointly in respect of non-pecuniary damage for the suffering they had endured as a result of the loss of their family member, the indifference shown by the authorities towards them and the failure to provide any information about the fate of their close relative M

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