Постановление Европейского суда по правам человека от 08.04.2010 «Дело Мудаевы (Mudayevy) против России» [англ.]

ean Central Bank, to which should be added three percentage points.

FOR THESE REASONS, THE COURT UNANIMOUSLY

1. Declares the complaints under Articles 2, 3 (in respect of the authorities' failure to investigate the alleged ill-treatment), 5 and 13 admissible and the remainder of the application inadmissible;
2. Decides to join to the merits the Government's objection as to non-exhaustion of domestic remedies and rejects it;
3. Holds that there has been a substantive violation of Article 2 of the Convention in respect of Aslan and Mokhmad Mudayev;
4. 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 Aslan and Mokhmad Mudayev disappeared;
5. Holds that there has been a violation of Article 3 of the Convention in respect of the failure to conduct an effective investigation into the allegations of ill-treatment of Aslan and Mokhmad Mudayev;
6. Holds that there has been a violation of Article 5 of the Convention in respect of Aslan and Mokhmad Mudayev;
7. Holds that there has been a violation of Article 13 of the Convention in conjunction with Article 2 of the Convention;
8. Holds that no separate issues arise under Article 13 of the Convention in respect of the alleged violations of Articles 3 and 5;
9. Holds that there is no need to examine the applicants' complaint under Article 18 in conjunction with Article 5 § 1 (c);
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, save in the case of the payment in respect of costs and expenses:
(i) EUR 20,000 (twenty thousand euros), plus any tax that may be chargeable, in respect of pecuniary damage to the first applicant;
(ii) EUR 100,000 (hundred thousand euros), plus any tax that may be chargeable, in respect of non-pecuniary damage to the first applicant;
(iii) EUR 20,000 (twenty thousand euros) plus any tax that may be chargeable, in respect of non-pecuniary damage to the second applicant;
(iv) EUR 3,150 (three thousand one hundred and fifty euros) plus any tax that may be chargeable, in respect of costs and expenses to the applicants;
(b) that from the expiry of the above-mentioned three months until settlement simple interest shall be payable on the above amounts at a rate equal to the marginal lending rate of the European Central Bank during the default period plus three percentage points;
11. Dismisses the remainder of the applicants' claim for just satisfaction.

Done in English, and notified in writing on 8 April 2010, pursuant to Rule 77 §§ 2 and 3 of the Rules of Court.

Christos ROZAKIS
President

{Soren} NIELSEN
Registrar

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