Постановление Европейского суда по правам человека от 12.02.2009 «Дело Бантаева и другие (Bantayeva and others) против России» [англ.]

Article 1 of Protocol 1 of the Convention provides:
"Everyone whose rights and freedoms as set forth in [the] Convention are violated shall have an effective remedy before a national authority notwithstanding that the violation has been committed by persons acting in an official capacity."
124. In their observations on admissibility and merits of the application lodged on 20 December 2007 the applicants stated that they no longer wished their complaints under Articles 8, 14 and Article 1 of Protocol No. 1 of the Convention to be examined.
125. The Court, having regard to Article 37 of the Convention, finds that the applicants do not intend to pursue this part of the application, within the meaning of Article 37 § 1 (a). The Court also finds no reasons of a general character affecting respect for human rights as defined in the Convention which require the further examination of the present complaints by virtue of Article 37 § 1 of the Convention in fine (see, for example, among other authorities, Stamatios Karagiannis, cited above).
126. It follows that this part of the application must be struck out in accordance with Article 37 § 1 (a) of the Convention.

IX. Application of Article 41 of the Convention

127. 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. The Government's objection

128. The Government submitted that the document containing the applicants' claims for just satisfaction had been signed by Mr O. Solvang and Mr R. Lemaitre while, in the Government's opinion, the applicants had been represented by Ms E. Ezhova, Ms A. Maltseva, Mr A. Sakalov and Mr A. Nikolayev. They insisted therefore that the applicants' claims for just satisfaction were invalid.
129. The Court points out that the applicants issued powers of attorney in the name of the SRJI, an NGO that collaborates with a number of lawyers. Since the SRJI lists Mr O. Solvang and Mr R. Lemaitre as staff 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

130. The applicants claimed damages in respect of the lost wages of their abducted relatives. The applicants claimed a total of 849,269 Russian roubles (RUR) under this heading (24,265 euros (EUR)): the first applicant claimed RUR 141,755 (EUR 4,050); the applicants of Abubakar Bantayev's family, that is the second, fourth, sixth, seventh and eleventh applicants, claimed RUR 320,834 (EUR 9,167); the applicants of Salman Bantayev's family, that is the third, fifth, eighth, ninth and tenth applicants, claimed RUR 386,682 (EUR 11,048). 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").
131. The Government regarded these claims as unsubstantiated.
132. 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 cou

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