Постановление Европейского суда по правам человека от 09.07.2009 «Дело Юсупова и другие (Yusupova and others) против России» [англ.]

espect of the aforementioned violations, contrary to Article 13 of the Convention, which provides:
"Everyone whose rights and freedoms as set forth in [the] Convention are violated shall have an effective remedy before a national authority notwithstanding that the violation has been committed by persons acting in an official capacity."

A. The parties' submissions

79. The Government contended that the applicants had had effective remedies at their disposal as required by Article 13 of the Convention and that the authorities had not prevented them from using them. The applicants had had an opportunity to challenge the actions or omissions of the investigating authorities in court or before higher prosecutors and to bring civil claims for damages. In sum, the Government submitted that there had been no violation of Article 13.
80. The applicants reiterated the complaint.

B. The Court's assessment

81. The Court observes that the complaint made by the applicants under this Article has already been examined in the context of Article 2 of the Convention. Having regard to the finding of a violation of Article 2 in its procedural aspect, the Court considers that, whilst the complaint under Article 13 taken in conjunction with Article 2 is admissible, there is no need to make a separate examination of this complaint on its merits (see, mutatis mutandis, Makaratzis v. Greece [GC], No. 50385/99, §§ 84 - 86, ECHR 2004-XI, and {Anik} and Others v. Turkey, No. 63758/00, § 86, 5 June 2007).

VI. Application of Article 41 of the Convention

82. 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

83. The second and third applicants claimed damages in respect of loss of earnings by their husband and father after his disappearance, less the amounts received from the district military commander's office after the disappearance. The second applicant claimed a total of RUB 484,341 under this heading (11,250 euros (EUR)), and the third applicant RUB 162,566 (EUR 3,776).
84. 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 decision to limit the scope of its examination to the procedural violation of Article 2, as initially submitted by the applicants, the Court finds that there is no direct causal link between the alleged violation and the loss by the second and third applicants of the financial support which Khasan Yusupov could have provided. Accordingly, it makes no award under this heading.

B. Non-pecuniary damage

85. The first and third applicants claimed EUR 40,000 each and the second applicant EUR 50,000 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.
86. The Government found the amounts claimed exaggerated.
87. The Court has found a violation of the procedural aspect of Article 2 of the Convention on account of failure to carry out an effective and adequate investigation. The Court accepts that they have suffered non-pecuniary damage which cannot be compensated for solely by the findings of violations. It awards the applicants jointly EUR 8,000, plus any tax th

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