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Постановление Европейского суда по правам человека от 23.07.2009 «Дело Муцаева (Mutsayeva) против России» [англ.]





e applicant had had effective remedies at her disposal as required by Article 13 of the Convention and that the authorities had not prevented her from using them. The applicant had had an opportunity to challenge the acts or omissions of the investigating authorities in court and that she could have claimed damages in civil proceedings. In sum, the Government submitted that there had been no violation of Article 13.
122. The applicant reiterated the complaint.

B. The Court's assessment

1. Admissibility

123. 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

124. The Court reiterates that in circumstances where, as here, a criminal investigation into the disappearance 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).
125. Consequently, there has been a violation of Article 13 in conjunction with Article 2 of the Convention.
126 As regards the applicant's reference to Articles 3 and 5 of the Convention, the Court considers that, in the circumstances, no separate issue arises in respect of Article 13, read in conjunction with Articles 3 and 5 of the Convention (see Kukayev v. Russia, No. 29361/02, § 119, 15 November 2007, and Aziyevy v. Russia, No. 77626/01, § 118, 20 March 2008).

VII. Application of Article 41 of the Convention

127. 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. Damage

128. The applicant did not submit any claims in respect of pecuniary damage. As to non-pecuniary damage, she stated that she had lost her son and endured stress, frustration and helplessness in relation to her son's abduction and the authorities' failure to conduct an effective investigation of those events for several years. She left the determination of the amount of compensation to the Court.
129. The Government submitted that finding a violation of the Convention would be adequate just satisfaction in the applicant's case.
130. The Court has found a violation of Articles 2, 5 and 13 of the Convention on account of the unacknowledged detention and death of the applicant's son. The Court thus accepts that she has suffered non-pecuniary damage which cannot be compensated for solely by the finding of violations. It awards the applicant 35,000 euros (EUR) plus any tax that may be chargeable thereon.

B. Costs and expenses

131. The applicant was represented by lawyers from the NGO EHRAC/Memorial Human Rights Centre. The aggregate claim in respect of costs and expenses related to the legal representation amounted to EUR 2,100 (1,404 pounds sterling (GBP)). They submitted the following breakdown of costs:
(a) GBP 600 for six hours of legal work by a United Kingdom-based lawyer at a rate of GBP 100 per hour;
(b) GBP 629 for translation costs; and
(c) GBP 175 for administrative and postal costs.
132. The Government did not dispute the reasonableness and the justification of the amounts claimed under this heading.
133. The Court has to establish first whether the costs and expenses indicat



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