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Постановление Европейского суда по правам человека от 17.06.2010 «Дело Батаев и другие (Batayev and others) против России» [англ.]





d the loss by the applicants of the financial support which they could have provided. Having regard to the parties' submissions and the absence of any conclusive evidence as to the applicants' missing relatives' earnings, Court awards the following sums to the applicants in respect of pecuniary damage, plus any tax that may be chargeable on these amounts:
(i) EUR 745 to the second and third applicants jointly;
(ii) EUR 1,490 to the fourth applicant;
(iii) EUR 12,000 to the fifth applicant;
(iv) EUR 745 to the sixth applicant;
(v) EUR 12,000 to the seventh applicant;
(vi) EUR 1,865 to the eighth applicant;
(vii) EUR 3,130 to the ninth applicant;
(viii) EUR 11,000 to the tenth applicant.
245. In so far as the fourth and sixth applicants sought compensation for the two cars, the Court observes that it has concluded that this complaint is manifestly ill-founded, in the absence of any proof of the applicants' property rights. This part of the claim is therefore dismissed.

B. Non-pecuniary damage

246. The applicants (except for the first applicant) claimed amounts ranging from EUR 100,000 to EUR 500,000, depending on the closeness of their family ties with the missing men, in respect of non-pecuniary damage for the suffering they had endured as a result of the loss of their family members, the indifference shown by the authorities towards them and the failure to provide any information about the fate of their close relatives.
247. The Government found the amounts claimed exaggerated.
248. The Court has found a violation of Articles 2, 5 and 13 of the Convention on account of the unacknowledged detention and disappearance of the applicants' relatives. The applicants themselves have been found to have been victims of a violation of Article 3 of the Convention. The Court thus accepts that they have suffered non-pecuniary damage which cannot be compensated for solely by the findings of violations. It awards the following amounts to the applicants, plus any tax that may be chargeable thereon:
(i) EUR 60,000 to the second and third applicants, jointly;
(ii) EUR 60,000 to the fourth and fifth applicants jointly;
(iii) EUR 60,000 to the sixth and seventh applicants jointly;
(iv) EUR 60,000 to the eight applicant;
(v) EUR 120,000 to the ninth applicant; and
(vi) EUR 60,000 to the tenth applicant.

C. Costs and expenses

249. The first nine applicants claimed EUR 7,800 jointly for the costs and expenses incurred before the domestic authorities and the Court. They submitted that the lawyer had charged EUR 150 per hour of legal work. Her fees included EUR 3,900 for the time spent on the preparation of legal submissions for the Court and EUR 3,900 for the criminal and civil proceedings conducted in Russia.
250. The tenth applicant claimed under this heading EUR 9,037 for 60.25 hours of legal work, also at a rate of EUR 150 per hour. She submitted a detailed breakdown of the time spent by her representative. In addition, she claimed reimbursement of postal and administrative costs in the amount of EUR 155 and of translation costs in the amount of EUR 440, as certified by an invoice. She also submitted a copy of the legal representation agreement of 1 February 2008. She requested the Court to order the payment of the fees awarded under this heading directly into the representative's account in Chechnya, Russia.
251. The Government contested those claims.
252. The Court may make an award in respect of costs and expenses in so far that they were actually and necessarily incurred and were reasonable as to quantum (see Bottazzi v. Italy [GC], No. 34884/97, § 30, ECHR 1999-V, and Sawicka v. Poland, No. 37645/97, § 54, 1 October 2002). Making its



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