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

own estimate based on the information available, the Court awards the first nine applicants the total sum of EUR 5,000, less the sum of EUR 850 received in legal aid from the Council of Europe, and the tenth applicant the sum of EUR 3,500, together with any value-added tax that may be chargeable to the applicants. The net award to the tenth applicant made under this heading is to be paid into the representative's bank account in Russia, as identified by that applicant.

D. Default interest

253. The Court considers it appropriate that the default interest should be based on the marginal lending rate of the European Central Bank, to which should be added three percentage points.

FOR THESE REASONS, THE COURT UNANIMOUSLY

1. Decides to join the applications;
2. Decides to join to the merits the Government's objection as to non-exhaustion of criminal domestic remedies and dismisses it;
3. Declares the complaints under Articles 2, 3, 5 and 13 of the Convention admissible and the remainder of the applications inadmissible;
4. Holds that there has been a substantive violation of Article 2 of the Convention in respect of Khasan Batayev, Zaur Ibragimov, Magomed Temurkayev, Rizvan Ismailov, Sayd-Ali Musayev, Kharon Musayev and Usman Mavluyev;
5. Holds that there has been a violation of Article 2 of the Convention in respect of the failure to conduct an effective investigation into the circumstances in which Khasan Batayev, Zaur Ibragimov, Magomed Temurkayev, Rizvan Ismailov, Sayd-Ali Musayev, Kharon Musayev and Usman Mavluyev disappeared;
6. Holds that there has been a violation of Article 3 of the Convention in respect of the applicants;
7. Holds that there has been a violation of Article 5 of the Convention in respect of Khasan Batayev, Zaur Ibragimov, Magomed Temurkayev, Rizvan Ismailov, Sayd-Ali Musayev, Kharon Musayev and Usman Mavluyev;
8. Holds that there has been a violation of Article 13 of the Convention in conjunction with Article 2 of the Convention;
9. Holds that no separate issues arise under Article 13 of the Convention in respect of the alleged violations of Articles 3 and 5;
10. Holds
(a) that the respondent State is to pay, within three months from the date on which the judgment becomes final in accordance with Article 44 § 2 of the Convention, the following amounts, to be converted into Russian roubles at the date of settlement:
(i) in respect of pecuniary damage:
alpha. EUR 745 (seven hundred and forty-five euros) to the second and third applicants jointly;
beta. EUR 1,490 (one thousand four hundred and ninety euros) to the fourth applicant;
gamma. EUR 12,000 (twelve thousand euros) to the fifth applicant;
delta. EUR 745 (seven hundred and forty-five euros) to the sixth applicant;
epsilon. EUR 12,000 (twelve thousand euros) to the seventh applicant;
zeta. EUR 1,865 (one thousand eight hundred and sixty-five euros) to the eighth applicant;
eta. EUR 3,130 (three thousand one hundred and thirty euros) to the ninth applicant; and
theta. EUR 11,000 (eleven thousand euros) to the tenth applicant;
(ii) in respect of non-pecuniary damage:
alpha. EUR 60,000 (sixty thousand euros) to the second and third applicants jointly;
beta. EUR 60,000 (sixty thousand euros) to the fourth and fifth applicants jointly;
gamma. EUR 60,000 (sixty thousand euros) to the sixth and seventh applicants jointly;
delta. EUR 60,000 (sixty thousand euros) to the eight applicant;
epsilon. EUR 120,000 (one hundred and twenty thousand euros) to the ninth applicant; and
zeta. EUR 60,000 (sixty thousand euros) to the tenth applicant;
(iii) EUR 4,150 (four thousand one hundred and fifty euros) to the fi

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