Постановление Европейского суда по правам человека от 12.02.2009 «Дело Аюбов (Ayubov) против России» [англ.]

ss required a certain amount of research work. Having regard to the amount of research and preparation claimed by the applicant's representatives, the Court does not find these claims excessive.
131. In these circumstances, the Court awards the applicant's wife the overall amount of EUR 1,200, less EUR 715 already received by way of legal aid from the Council of Europe, together with any tax that may be chargeable to the applicant's wife. The amount awarded in respect of costs and expenses shall be payable to the representatives directly.

D. Default interest

132. 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 preliminary objection;
2. Holds that there has been a violation of Article 2 of the Convention as regards the disappearance of Adam Ayubov;
3. 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 Adam Ayubov;
4. Holds that there has been a violation of Article 5 of the Convention in respect of Adam Ayubov;
5. Holds that there has been a violation of Article 13 of the Convention in conjunction with Article 2 of the Convention and Article 1 of Protocol No. 1 to the Convention;
6. Holds that no separate issue arises under Article 13 of the Convention in respect of the alleged violation of Article 5 of the Convention;
7. Holds that there has been a violation of Article 1 of Protocol No. 1 to the Convention;
8. Holds that there has been a failure to comply with Article 38 § 1 (a) of the Convention in that the Government refused to submit the documents requested by the Court;
9. Holds
(a) that the respondent State is to pay the applicant's wife, 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), to be converted into Russian roubles at the rate applicable at the date of settlement, in respect of pecuniary damage;
(ii) EUR 35,000 (thirty-five thousand euros), to be converted into Russian roubles at the rate applicable at the date of settlement, in respect of non-pecuniary damage;
(iii) EUR 485 (four hundred eighty-five euros), in respect of costs and expenses, to be converted into United Kingdom pounds sterling at the rate applicable at the date of settlement and paid to the applicant's representatives' bank account in the United Kingdom;
(iv) any tax, including value added tax, that may be chargeable to the applicant's wife on the above amounts;
(b) that from the expiry of the above-mentioned three months until settlement simple interest shall be payable on the above amounts at a rate equal to the marginal lending rate of the European Central Bank during the default period plus three percentage points;
10. Dismisses unanimously the remainder of the applicant's claim for just satisfaction.

Done in English, and notified in writing on 12 February 2009, pursuant to Rule 77 §§ 2 and 3 of the Rules of Court.

Christos ROZAKIS
President

{Soren} NIELSEN
Registrar

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