Постановление Европейского суда по правам человека от 23.04.2009 «Дело Гакиев и Гакиева (Gakiyev and Gakiyeva) против России» [англ.]

tes at the same time that, due to the application of Article 29 § 3 in the present case, the applicants' representatives submitted their observations on admissibility and merits in one set of documents. Furthermore, the case involved little documentary evidence, in view of the Government's refusal to submit the case file. The Court thus doubts that legal drafting was necessarily time-consuming to the extent claimed by the representatives.
183. Having regard to the details of the claims submitted by the applicants, the Court finds it appropriate to award them EUR 4,500, together with any value-added tax that may be chargeable to the applicants, the award to be paid into the representatives' bank account in the Netherlands, as identified by the applicants.

D. Default interest

184. The Court considers it appropriate that the default interest should be based on the marginal lending rate of the European Central Bank, to which should be added three percentage points.

FOR THESE REASONS, THE COURT UNANIMOUSLY

1. Decides to strike the application out of its list of cases in accordance with Article 37 § 1 (a) of the Convention in so far as it concerns the applicants' complaint under Article 14 of the Convention;
2. Decides to join to the merits the Government's objection as to non-exhaustion of criminal domestic remedies and rejects it;
3. Declares the complaints under Articles 2, 5 and 13 of the Convention, as well as the complaints under Article 3 of the Convention regarding the alleged ill-treatment of the first applicant and the applicants' mental suffering, admissible and the remainder of the application inadmissible;
4. Holds that there has been a violation of Article 2 of the Convention in respect of Idris Gakiyev;
5. 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 of Idris Gakiyev's abduction and death;
6. Holds that there has been a violation of Article 3 of the Convention in respect of the first applicant on account of the ill-treatment by servicemen;
7. 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 the first applicant;
8. Holds that there has been a violation of Article 3 of the Convention in respect of the applicants on account of their mental suffering;
9. Holds that there has been a violation of Article 5 of the Convention in respect of Idris Gakiyev;
10. Holds that there has been a violation of Article 13 of the Convention in respect of the alleged violation of Article 2 of the Convention and of Article 3 of the Convention in respect of the first applicant on account of the ill-treatment;
11. Holds that there has been no violation of Article 13 of the Convention in respect of the alleged violation of Article 3 of the Convention on account of Idris Gakiyev's alleged ill-treatment;
12. Holds that no separate issues arise under Article 13 of the Convention in respect of the alleged violation of Article 3 on account of the applicants' mental suffering;
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:
(i) EUR 35,000 (thirty-five thousand euros) in respect of non-pecuniary damage to the first and second applicants jointly, to be converted into Russian roubles at the rate applicable at the date of settlement, plus any tax that may be chargeable on this amount;
(ii) EUR 4,500 (four thousand five hundred euros), in respect of costs and expenses, to be paid into the representatives'

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