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





doubts that research was necessary to the extent claimed by the representative. The Court also notes that the applicants did not submit any documents in support of their claim for administrative costs.
141. Having regard to the details of the claims submitted by the applicants and acting on an equitable basis, the Court awards them the amount of EUR 5,000 together with any value-added tax that may be chargeable to them, the net award to be paid into the representatives' bank account in the Netherlands, as identified by the applicants.

E. Default interest

142. 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. Dismisses the Government's objection as to the abuse of the right of petition;
2. Decides to join to the merits the Government's objection concerning the non-exhaustion of domestic remedies and rejects it;
3. 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 3 about the alleged ill-treatment of Abubakar Bantayev and Salman Bantayev and the applicants' complaints under Articles 8, 14 and Article 1 of Protocol No. 1 of the Convention;
4. Declares the complaints under Articles 2, 3, 5 and 13 admissible;
5. Holds that there has been a violation of Article 2 of the Convention in respect of Abubakar Bantayev and Salman Bantayev;
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 Abubakar Bantayev and Salman Bantayev had disappeared;
7. Holds that there has been a violation of Article 3 of the Convention in respect of the applicants, save for the ninth applicant;
8. Holds that there has been a violation of Article 5 of the Convention in respect of Abubakar Bantayev and Salman Bantayev;
9. Holds that there has been a violation of Article 13 of the Convention in conjunction with Article 2 of the Convention;
10. Holds that no separate issues arise under Article 13 of the Convention in respect of the alleged violations of Articles 3 and 5;
11. 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, in respect of pecuniary damage to the first applicant;
(ii) EUR 7,500 (seven thousand five hundred euros) plus any tax that may be chargeable, in respect of pecuniary damage to the second, fourth, sixth, seventh and the eleventh applicants jointly;
(iii) EUR 7,500 (seven thousand five hundred euros) plus any tax that may be chargeable, in respect of pecuniary damage to the third, fifth, eight, ninth and the tenth applicants jointly;
(iv) EUR 20,000 (twenty thousand euros) plus any tax that may be chargeable, in respect of non-pecuniary damage to the first applicant;
(v) EUR 25,000 (twenty five thousand euros) plus any tax that may be chargeable, in respect of non-pecuniary damage to the second, fourth, sixth, seventh and the eleventh applicants jointly;
(vi) EUR 25,000 (twenty five thousand euros) plus any tax that may be chargeable, in respect of non-pecuniary damage to the third, fifth, eight, ninth and the tenth applicants jointly;
(vii) EUR 5,000 (five thousand euros) plus any tax that may be charge



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