Постановление Европейского суда по правам человека от 11.06.2009 «Дело Хасуева (Khasuyeva) против России» [англ.]

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

146. 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

147. The applicant made a claim in respect Abu Khasuyev's loss of earnings. She claimed a total of 567,497 Russian roubles (RUB) under this head (16,200 euros (EUR)).
148. The applicant submitted that she was financially dependent on her son Abu Khasuyev and that she would have benefited from his financial support in the above amount. The applicant's calculations were based on the provisions of the Russian Civil Code 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").
149. The Government regarded these claims as unsubstantiated.
150. The Court reiterates that there must be a clear causal connection between the damage claimed by the applicant 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 applicant's son and the loss by her of the financial support which he could have provided. Having regard to the applicant's submissions and the absence of any documents substantiating the earnings of Abu Khasuyev at the time of the abduction, the Court awards the applicant EUR 12,000 in respect of pecuniary damage, plus any tax that may be chargeable on that amount.

B. Non-pecuniary damage

151. The applicant claimed EUR 50,000 in respect of non-pecuniary damage for the suffering she had endured as a result of the loss of her family member, the indifference shown by the authorities towards her and the failure to provide any information about the fate of her son.
152. The Government found the amounts claimed excessive.
153. 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 applicant's son. The applicant herself has been found to have been victim of a violation of Article 3 of the Convention. The Court thus accepts that she has suffered non-pecuniary damage which cannot be compensated for solely by the findings of violations. It awards the applicant EUR 35,000, plus any tax that may be chargeable thereon.

C. Costs and expenses

154. The applicant was represented by the SRJI. They submitted an itemised schedule of costs and expenses that included research and interviews in Chechnya and Moscow, at a rate of EUR 50 per hour, and the drafting of legal documents submitted to the Court and the domestic authorities, at a rate of EUR 50 per hour for SRJI lawyers and EUR 150 per hour for SRJI senior staff and experts. The aggregate claim in respect of costs and expenses related to the applicant's legal representation amounted to EUR 8,943.
155. The Government did not dispute the details of the calculations submitted by the applicant.
156. The Court has to establish first whether the costs and expenses indicated by the applicant were actually incurred and, second, whether they were necessary (see McCann and Others, cited above, § 220).
157. Having regard to the details of the contract and

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