Постановление Европейского суда по правам человека от 28.05.2009 «Дело Басаева и другие (Basayeva and others) против России» [англ.]

f the seventh to eleventh applicants lodged under Articles 8 and 14 of the Convention;
3. Decides to join to the merits the Government's objection concerning the non-exhaustion of domestic remedies and rejects it;
4. Declares the complaints under Articles 2, 3, 5, 8 (in respect of the complaint concerning the right to respect for family life) and 13 admissible and the remainder of the applications inadmissible;
5. Holds that there has been a violation of Article 2 of the Convention in respect of Lecha Basayev and Lema Dikayev;
6. Holds that there has been a violation of Article 2 of the Convention in respect of the failure to conduct an effective investigation into the circumstances in which Lecha Basayev and Lema Dikayev had disappeared;
7. Holds that there has been a violation of Article 3 of the Convention in respect of Lema Dikayev;
8. Holds that there has been a violation of Article 3 of the Convention in respect of the failure to conduct an effective investigation into the ill-treatment of Lema Dikayev;
9. Holds that there has been a violation of Article 3 of the Convention in respect of the applicants;
10. Holds that there has been a violation of Article 5 of the Convention in respect of Lecha Basayev and Lema Dikayev;
11. Holds that no separate issues arise under Article 8 of the Convention in respect of the applicants' complaint concerning the right to respect for family life and under Article 13 of the Convention in respect of the alleged violations of Articles 3 and 5;
12. Holds that there has been a violation of Article 13 of the Convention in conjunction with Article 2 of the Convention;
13. Holds
(a) that the respondent State is to pay, within three months from the date on which the judgment becomes final in accordance with Article 44 § 2 of the Convention, the following amounts, to be converted into Russian roubles at the date of settlement, save for the payment in respect of costs and expenses:
(i) EUR 3,000 (three thousand euros) plus any tax that may be chargeable thereon, in respect of pecuniary damage to the first applicant;
(ii) EUR 1,000 (one thousand euros) plus any tax that may be chargeable thereon, in respect of pecuniary damage to the fourth applicant;
(iii) EUR 3,500 (three thousand five hundred euros) plus any tax that may be chargeable thereon, in respect of pecuniary damage to the ninth applicant;
(iv) EUR 900 (nine hundred euros) plus any tax that may be chargeable thereon, in respect of pecuniary damage to the tenth applicant;
(v) EUR 1,000 (one thousand euros) plus any tax that may be chargeable thereon, in respect of pecuniary damage to the eleventh applicant;
(vi) EUR 35,000 (thirty five thousand euros) plus any tax that may be chargeable thereon, in respect of non-pecuniary damage to the first, third, fourth, fifth and sixth applicants jointly;
(vii) EUR 35,000 (thirty five thousand euros) plus any tax that may be chargeable thereon, in respect of non-pecuniary damage to the seventh, eighth, ninth, tenth and eleventh applicants jointly;
(viii) EUR 12,000 (twelve thousand euros) plus any tax that may be chargeable to the applicants, in respect of costs and expenses, to be paid into the representatives' bank account in the Netherlands;
(b) that from the expiry of the above-mentioned three months until settlement simple interest shall be payable on the above amounts at a rate equal to the marginal lending rate of the European Central Bank during the default period plus three percentage points;
14. Dismisses the remainder of the applicants' claim for just satisfaction.

Done in English, and notified in writing on 28 May 2009, pursuant to Rule 77 §§ 2 and 3 of the Rules of Court.

Christos ROZAKIS
President

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