Постановление Европейского суда по правам человека от 29.10.2009 «Дело Хантиева и другие (Khantiyeva and others) против России» [англ.]

of Article 5 §§ 4 and 5, being a lex specialis in relation to Article 13, absorb its requirements. In view of its finding of a violation of Article 5 of the Convention on account of the unacknowledged detention of the applicant's relative, the Court considers that no separate issue arises in respect of Article 13 read in conjunction with Article 5 of the Convention in the circumstances of the present case.

VI. Application of Article 41 of the Convention

150. 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

151. The applicants submitted that they had sustained damage in respect of the loss of Mayrudin Khantiyev's earnings following his apprehension and disappearance. The first applicant claimed a total of 47,009.31 Russian roubles (RUB) under this head (approximately 1,341.59 euros (EUR)). The second applicant claimed RUB 36,636.57 (approximately EUR 1,045.56). The third applicant claimed RUB 94,018.60 (approximately EUR 2,603.18) and the fourth applicant claimed RUB 25,319.51 (approximately EUR 722.59).
152. The applicants furnished a certificate from the Chechenagropromstroy company, according to which Mayrudin Khantiyev was employed by that company from June to July 2000 and his salary amounted to RUB 1,315 and RUB 1,169 for the respective months. With reference to the provisions of the Civil Code and the actuarial tables for use in personal injury and fatal accident cases published by the United Kingdom Government Actuary Department in 2007 ("the Ogden tables"), the applicants calculated Mayrudin Khantiyev's earnings with an adjustment for 10% yearly inflation and submitted that the first and second applicants should each be entitled to 10% of the total amount of his earnings, while the third and fourth applicants should each be entitled to 20% of that amount.
153. The Government argued that the applicants' claims were unsubstantiated and that they had not made use of the domestic avenues for obtaining compensation for the loss of their breadwinner.
154. The Court reiterates that there must be a clear causal connection between the damage claimed by the applicant and the violation of the Convention, and that this may, in an appropriate case, include compensation in respect of loss of earnings. The Court has held that the loss of earnings also applies to dependant children and, in some instances, to elderly parents (see, among other authorities, Imakayeva, cited above, § 213). Having regard to its conclusions above, it finds that there is a direct causal link between the violation of Article 2 in respect of the applicants' relative and the loss to them of the financial support which he could have provided. The Court notes however that the certificate furnished by the applicants concerned Mayrudin Khantiyev's employment in June and July 2000 and that they did not furnish any other documents to certify that he had been employed after that latter date. Nonetheless, the Court finds that it is reasonable to assume that Mayrudin Khantiyev eventually would have had some earnings from which the applicants would have benefited (ibid.). Having regard to the applicants' submissions and the fact that Mayrudin Khantiyev was unemployed at the time of his abduction, the Court finds it appropriate to award the applicants jointly EUR 2,000 in respect of pecuniary damage, plus any tax that may be chargeable on that amount.

B. Non-pecuniary damage

155. The applicants claimed jointly EUR 70,000 in respect of non-pecuniary damage for the suffering they had endure

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