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

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

196. The second to seventh applicants claimed that they had sustained damage in respect of the loss of financial support from their family member following his detention and subsequent disappearance. They claimed a total of 1,034,551 roubles (RUB) under this head (approximately 23,000 euros (EUR)).
197. The applicants claimed that Kazbek Vakhayev worked as a furniture maker before his detention. They provided a certificate issued by the Urus-Martan Administration on 27 January 2004, stating that until Kazbek Vakhayev's death the second to seventh applicants had been his dependents. The applicants further submitted that, since they were unable to obtain documents to corroborate the amount of Kazbek Vakhayev's earnings, they would refer to provisions of the Civil Code on the calculation of lost earnings, to the effect that the earnings of an unemployed person should be equalled to the usual amount of remuneration of a person with similar qualifications and could not be based on an amount smaller than the subsistence level determined by federal laws. The second to seventh applicants submitted that they would have benefited from Kazbek Vakhayev's financial support in the amount indicated above, taking into account an average inflation rate of 12%, that is, 14.3% of his earnings in respect of each of them.
198. The Government regarded these claims as based on suppositions and unfounded.
199. The Court reiterates that there must be a clear causal connection between the damage claimed by the applicants 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".
200. 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. 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' family member and the loss by the applicants of the financial support which he could have provided. The Court further finds that it is reasonable to assume that Kazbek Vakhayev would eventually have had some earnings from which the applicants would have benefited (see, among other authorities, Imakayeva cited above, § 213). Having regard to the applicants' submissions and, in particular, the fact that they failed to corroborate the amount of his earnings, the Court awards EUR 7,000 to the second to seventh applicants jointly in respect of pecuniary damage, plus any tax that may be chargeable on that amount.

B. Non-pecuniary damage

201. The applicants claimed EUR 210,000 jointly in respect of non-pecuniary damage for the suffering they had endured as a result of the loss of their family member, the indifference shown by the authorities towards him and the failure to provide any information about his fate.
202. The Government found the amounts claimed to be exaggerated.
203. The Court has found a violation of Articles 2, 5 and 13 of the Convention on account of the arbitrary detention and disappearance of the applicants' close relative. The applicants themselves have been found to have been victims of a violation of Article 3 of the Convention. The Court

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