Постановление Европейского суда по правам человека от 11.06.2009 «Дело Халитова и другие (Khalitova and others) против России» [англ.]

ere, the criminal investigation into the disappearance of the applicants' close relatives has been ineffective and the effectiveness of any other remedy that may 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.
162. Consequently, there has been a violation of Article 13 in conjunction with Article 2 of the Convention.
163. In so far as the complaint under Article 13 concerns the existence of a domestic remedy in respect of the complaint concerning the applicants' mental suffering, the Court notes that it has found a violation of Article 3 on this account. However, the Court has already found a violation of Article 13 of the Convention in conjunction with Article 2 of the Convention on account of the authorities' conduct that led to the suffering endured by the applicants. The Court considers that, in the circumstances, no separate issue arises in respect of Article 13 in conjunction with Article 3 of the Convention.
164. As regards the applicants' reference to Article 5 of the Convention, the Court reiterates that according to its established case-law the more specific guarantees of Article 5 §§ 4 and 5, being a lex specialis in relation to Article 13, absorb its requirements and in view of the above findings of a violation of Article 5 of the Convention resulting in unacknowledged detention, the Court considers that no separate issue arises in respect of Article 13 in conjunction with Article 5 of the Convention.

VII. Application of Article 41 of the Convention

165. 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

166. The applicants claimed damages in respect of the lost wages of their relatives. Although the latter had been unemployed, the applicants assumed that eventually each of them would have earned at least 100 euro (EUR) per month. The first applicant claimed in total EUR 12,420, the second and third applicants claimed EUR 6,210 each and the fourth applicant claimed EUR 7,200. Moreover, the fourth applicant claimed EUR 4,700 as compensation for his son's VAZ 2106 car that had been incinerated by Russian servicemen. He did not provide any documents to substantiate his claims in this regard.
167. The Government regarded these claims as unfounded.
168. 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".
169. The Court first notes that the pecuniary damage may be awarded in respect of loss of earnings. However, it is not persuaded that Aslan Dokayev would have necessarily supported his sister financially and rejects her claims in this respect. The Court considers that there is a direct causal link between the violation of Article 2 in respect of the applicants' close relatives and the loss by the first, third and fourth applicants of the financial support which they could have provided. The Court finds it reasonable to assume that Amir Magomedov, Ali Uspayev, Aslan Dokayev and Rustam Achkhanov would eventually have had some earnings. Having regard to the applicants' submissions and the fact that Amir Magomedov, Ali Uspayev, Aslan Dokayev and Rustam Achkhanov were not employed at t

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