Постановление Европейского суда по правам человека от 09.04.2009 «Дело Джабраилова (Dzhabrailova) против России» [англ.]

3 of the Convention regarding the applicant's mental and emotional suffering admissible and the remainder of the application inadmissible;
4. Holds that there has been a violation of Article 2 of the Convention as regards the disappearance of Khanpasha Dzhabrailov;
5. Holds that there has been a violation of Article 2 of the Convention on account of the authorities' failure to carry out an adequate and effective investigation into the circumstances surrounding the disappearance of Khanpasha Dzhabrailov;
6. Holds that there has been a violation of Article 3 of the Convention on account of the mental suffering endured by the applicant because of her son's disappearance and the lack of an effective investigation into the matter;
7. Holds that there has been a violation of Article 5 of the Convention in respect of Khanpasha Dzhabrailov;
8. Holds
(a) that the respondent State is to pay the applicant, within three months from the date on which the judgment becomes final in accordance with Article 44 § 2 of the Convention, the following amounts, all of which, are to be converted into Russian roubles at the rate applicable at the date of settlement:
(i) EUR 35,000 (thirty-five thousand euros) in respect of non-pecuniary damage;
(ii) EUR 3,233 (three thousand two hundred and thirty-three euros) in respect of costs and expenses, to be paid to the applicant's representative's bank account;
(iii) any tax, including value-added tax, that may be chargeable to the applicant on the above amounts;
9. Dismisses the remainder of the applicant's claim for just satisfaction.

Done in English, and notified in writing on 9 April 2009, pursuant to Rule 77 §§ 2 and 3 of the Rules of Court.

Christos ROZAKIS
President

{Soren} NIELSEN
Registrar

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