Постановление Европейского суда по правам человека от 17.09.2009 «Дело Магомадова и другие (Magomadova and others) против России» [англ.]

ion.

VIII. 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 applicants claimed damages in respect of loss of earnings by their relative after his arrests and subsequent disappearance. The first applicant, as the mother of Ruslan Magomadov, claimed 247,505 Russian roubles (RUB) (7,071 euros (EUR)) under this head; the second applicant, as his wife, claimed RUB 495,010 (EUR 14,143); the third and the fourth applicants, as his daughter and son, claimed RUB 158,555 (EUR 4,530) and RUB 188,847 (EUR 5,395) respectively. The first, second, third and fourth applicants claimed a total of RUB 1,089,917 under this head (EUR 31,140).
139. They claimed that Ruslan Magomadov had been employed as a senior police officer for an annual wage of RUB 111,993 (EUR 3,200). They provided a certificate from the Chechnya Ministry of the Interior confirming the amount of his wages. They submitted that they were financially dependent on their close relative and would have benefited from his financial support in the above amounts. Their calculations were based on the provisions of the Russian Code of Civil Procedure and the actuarial tables for use in personal injury and fatal accident cases published by the United Kingdom Government Actuary's Department in 2007 ("Ogden tables").
140. The Government regarded these claims as based on supposition and unfounded. In particular, they noted that the applicants had never claimed compensation for the loss of the family breadwinner, although such a possibility was provided for in domestic legislation.
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, where appropriate, entail compensation in respect of loss of earnings. 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". Having regard to its above conclusions, the Court finds that there is a direct causal link between the violation of Article 2 in respect of Ruslan Magomadov and the loss by the first, second, third and fourth applicants of the financial support which he could have provided. The Court further notes that the applicants have submitted a certificate confirming the amount of their relative's earnings and that the Government have not disputed the method of calculation.
142. Having regard to the applicants' submissions, the Court awards EUR 7,000 to the first applicant in respect of pecuniary damage, plus any tax that may be chargeable on that amount and EUR 24,000 to the second, third and fourth applicants jointly in respect of pecuniary damage, plus any tax that may be chargeable on that amount.

B. Non-pecuniary damage

143. The applicants claimed jointly EUR 70,000 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 them and the failure to provide any information about the fate of their close relative.
144. The Government found the amounts claimed exaggerated.
145. The Court has found a violation of Articles 2, 5 and 13 of the Convention on account of the unacknowledged detention and disappearance of the applicants' relative. The applicants themselves have been fo

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