Постановление Европейского суда по правам человека от 08.04.2010 «Дело Абаева и другие (Abayeva and others) против России» [англ.]

Article 14 of the Convention

134. The applicants complained that they had been discriminated against in the enjoyment of their Convention rights, because the violations of which they complained had taken place because of them being residents in Chechnya and their ethnic background as Chechens. This was contrary to Article 14 of the Convention, which reads as follows:
"The enjoyment of the right and freedoms set forth in [the] Convention shall be secured without discrimination on any ground such as sex, race, colour, language, religion, political or other opinion, national or social origin, association with a national minority, property, birth or other status."
135. The Court observes that no evidence has been submitted to it that suggests that the applicants were treated differently from persons in an analogous situation without objective and reasonable justification, or that they have ever raised this complaint before the domestic authorities. It thus finds that this complaint has not been substantiated.
136. It follows that this part of the application is manifestly ill-founded and should be rejected in accordance with Article 35 §§ 3 and 4 of the Convention.

IX. Application of Article 41 of the Convention

137. 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

138. The first and the third applicants claimed damages in respect of loss of earnings by their relative Magomed-Ali Abayev after his arrest and subsequent disappearance. The first applicant, as his mother, claimed 5,400 euros (EUR) and the third applicant, as his son, claimed EUR 6,900 under this heading.
139. They claimed that Magomed-Ali Abayev had been unemployed at the time of his arrest, and that in such cases the calculation should be made on the basis of the subsistence level established by national law. They calculated his earnings for the period, taking into account the subsistence level in Chechnya which existed at the time their just satisfaction claim was lodged with the Court.
140. The Government regarded these claims as unfounded. They also pointed to the existence of domestic statutory machinery for the provision of a pension for the loss of the family breadwinner.
141. The Court reiterates that there must be a clear causal connection between the damage claimed by the applicants and the violation of the Convention, and that this may, in an appropriate case, include compensation in respect of loss of earnings. The Court further finds that the loss of earnings applies to dependent children and, in some instances, to elderly parents and that it is reasonable to assume that Magomed-Ali Abayev would eventually have had some earnings from which the applicants would have benefited (see, among other authorities, Imakayeva, cited above, § 213). Having regard to its above conclusions, it finds that there is a direct causal link between the violation of Article 2 in respect of the applicants' relative and the loss by the first and the third applicants of the financial support which he could have provided. Having regard to the applicants' submissions and the fact that Magomed-Ali Abayev was not employed at the time of his abduction, the Court awards EUR 12,000 to the applicants jointly in respect of pecuniary damage, plus any tax that may be chargeable on that amount.

B. Non-pecuniary damage

142. The applicants stated that they had lost their close relatives and endured stress, frustration and helplessness in relation to their abduction, aggravated by the

> 1 2 3 ... 18 19 20 21