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Постановление Европейского суда по правам человека от 17.06.2010 «Дело Товсултанова (Tovsultanova) против России» [англ.]





Nevertheless, the Court has not found it established "beyond reasonable doubt" that Said-Magamed Tovsultanov was arrested by Russian servicemen (see paragraph 82 above). Nor is there any basis to presume that the missing man was ever placed in unacknowledged detention under the control of State agents.
111. The Court therefore considers that this part of the application should be dismissed as being incompatible ratione personae and must be declared inadmissible in accordance with Article 35 §§ 3 and 4 of the Convention.

VI. Alleged violation of Article 13 of the Convention

112. The applicant complained that she 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

113. The Government contended that the applicant had had effective remedies at her disposal as required by Article 13 of the Convention and that the authorities had not prevented her from using them. She had had an opportunity to challenge any acts or omissions on the part of the investigating authorities in court or before higher prosecutors and to bring civil claims for damages. In sum, the Government submitted that there had been no violation of Article 13.
114. The applicant reiterated the complaint.

B. The Court's assessment

115. The Court observes that the complaint made by the applicant under this Article has already been examined in the context of Article 2 of the Convention. Having regard to the findings of a violation of Article 2 in its procedural aspect (see paragraph 97 above), the Court considers that, whilst the complaint under Article 13 taken in conjunction with Article 2 is admissible, there is no need for a separate examination of this complaint on its merits (see, Khumaydov and Khumaydov, cited above, § 141; Zakriyeva and Others, cited above, § 108; and Shaipova and Others v. Russia, No. 10796/04, § 124, 6 November 2008).

VII. Application of Article 41 of the Convention

116. 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. Damage

117. The applicant did not submit any claims for pecuniary damage. As regards non-pecuniary damage, the applicant submitted that she had lost her son and endured stress, frustration and helplessness in relation to her son's abduction, aggravated by the authorities' inactivity in the investigation of those events for several years. She left the determination of the amount of compensation to the Court.
118. The Government submitted that finding a violation of the Convention would be adequate just satisfaction in the applicant's case.
119. The Court has found a violation of Article 2 in its procedural aspect. It thus accepts that the applicant has suffered non-pecuniary damage which cannot be compensated for solely by the finding of a violation. It finds it appropriate to award the applicant 30,000 euros (EUR) under this heading, plus any tax that may be chargeable on that amount.

B. Costs and expenses

120. The applicant was represented by Mr D. Itslayev, a lawyer practising in Nazran. The applicant submitted the contract concluded with her representative and an itemised sch



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