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





d not prevented her from using them. The applicant had had an opportunity to challenge the acts or omissions of the investigating authorities in court pursuant to Article 125 of the Code of Criminal Procedure and had availed herself of it. They added that participants in criminal proceedings could also claim damages in civil proceedings. In sum, the Government submitted that there had been no violation of Article 13.
105. The applicant reiterated the complaint.

B. The Court's assessment

1. Admissibility

106. The Court notes that this complaint is not manifestly ill-founded within the meaning of Article 35 § 3 of the Convention. It further notes that it is not inadmissible on any other grounds. It must therefore be declared admissible.

2. Merits

107. The Court reiterates that in circumstances where, as here, a criminal investigation into the circumstances of a violent death has been ineffective and the effectiveness of any other remedy that might have existed, including civil remedies suggested by the Government, has consequently been undermined, the State has failed in its obligation under Article 13 of the Convention (see Khashiyev and Akayeva, cited above, § 183, and Medova v. Russia, No. 25385/04, § 130, ECHR 2009-... (extracts)).
108. As to the applicants' complaint under Article 13 in conjunction with Article 1 of Protocol No. 1, the Court considers that in a situation where the authorities denied involvement in the alleged damage to the applicant's belongings and where the domestic investigation completely failed to examine the matter, the applicant did not have any effective domestic remedies in respect of the alleged violations of her property rights. Accordingly, there has been a violation on that account (see Karimov and Others v. Russia, No. 29851/05, § 150, 16 July 2009).
109. Consequently, there has been a violation of Article 13 in conjunction with Article 2 of the Convention and Article 1 of Protocol No. 1.

V. Application of Article 41 of the Convention

110. 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

111. Referring to the note of 15 March 2005 about the damage to the house (see paragraph 30 above), the applicant claimed 800,000 Russian roubles (RUB - 18,800 euros (EUR)) under this heading.
112. The Government disputed that the State bore responsibility for the damage caused and regarded these claims as unfounded.
113. The Court reiterates that there must be a clear causal connection between the damage claimed by the applicant and the violation of the Convention. Furthermore, under Rule 60 of the Rules of Court, any claim for just satisfaction must be itemised and submitted in writing together with the relevant supporting documents or vouchers, "failing which the Chamber may reject the claim in whole or in part".
114. The Court notes that the applicant submitted one report drawn up on 15 March 2005, confirming that her house and household items had suffered significant damage. However, in the absence of a more detailed breakdown of costs and of any other additional evidence concerning the value of the lost and damaged items, the Court is sceptical about accepting it as final evidence of the amount claimed. The Court nevertheless agrees that the applicant must have borne some costs in relation to the lost property, and that there is a clear causal connection between these and the violation of Article 1 of Protocol No. 1 found above, since the damage was



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