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Постановление Европейского суда по правам человека от 09.04.2009 «Дело Докаев и другие (Dokayev and others) против России» [англ.]





members and members of its governing board, the Court has no doubts that they were duly authorised to sign the claims for just satisfaction on behalf of the applicants. The Government's objection must therefore be dismissed.

B. Pecuniary damage

138. The third, fourth, fifth, sixth, seventh and eighth applicants claimed damages in respect of the lost wages of their relatives Isa Dokayev and Ruslan Askhabov. The applicants submitted that they were financially dependent on their abducted relatives and would have benefited from their financial support. Their 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").
139. The applicants of Isa Dokayev's family, that is the third, fourth, fifth and sixth applicants claimed a total of 551,595 Russian roubles (RUB) under this heading (15,761 euros (EUR)). The third applicant, as the wife of Isa Dokayev, claimed RUB 249,132 (EUR 7,118); the fourth and fifth applicant, as the daughters of Isa Dokayev, claimed RUB 75,902 (EUR 2,169) and RUB 124,130 (EUR 3,547) accordingly; the sixth applicant as his son, claimed RUB 102,431 (EUR 2,927).
140. The applicants of Ruslan Askhabov's family, that is the seventh and eighth applicants, claimed a total of RUB 856,007 under this heading (EUR 24,457). The seventh applicant, as the mother of Ruslan Askhabov, claimed RUB 281,436 (EUR 8,041) and the eighth applicant, as his wife, claimed RUB 574,571 (EUR 16,416). The applicants have submitted a certificate issued by Ruslan Askhabov's employer, the Oktyabrskiy ROVD, confirming the amount of his earnings.
141. The Government regarded these claims as unsubstantiated.
142. 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 conclusions, it finds that there is a direct causal link between the violation of Article 2 in respect of the applicants' relatives and the loss by the applicants of the financial support which they could have provided. Having regard to the applicants' submissions and the fact that Isa Dokayev was unemployed at the time of his apprehension, the Court awards EUR 14,000 to the applicants of his family, that is, to the third, fourth, fifth, and sixth applicants jointly in respect of pecuniary damage, plus any tax that may be chargeable on that amount.
143. Further, the Court notes that the seventh and eighth applicants have submitted a certificate confirming the amount of Ruslan Askhabov's earnings and that the Government have not disputed the method of the calculation. Having regard to the applicants' submissions, the Court awards EUR 24,457 as claimed, to the seventh and the eighth applicants jointly in respect of pecuniary damage, plus any tax that may be chargeable on that amount.

C. Non-pecuniary damage

144. The applicants claimed a total of EUR 210,000 in respect of non-pecuniary damage for the suffering they had endured as a result of the loss of their family members, the indifference shown by the authorities towards them and the failure to provide any information about the fate of their close relatives. The applicants from Isa Dokayev's family, that is the first, second, third, fourth, fifth and sixth applicants, jointly claimed EUR 70,000; the applicants from Ruslan Askhabov's family, that is the seventh, eighth and ninth applicants, jointly claimed EUR 70,000; the applicants of Isa Dubayev's family, that is the tenth and eleventh applicants, jointly claimed EUR 70,000.
145. The Government fo



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