Постановление Европейского суда по правам человека от 05.02.2009 «Дело Хайдаева и другие (Khaydayeva and others) против России» [англ.]

a violation of Article 2 of the Convention in respect of Mr Suliman Malikov, Mr Adlan Khatuyev, Mr Aslan Khatuyev, Mr Sayd-Salu Akhmatov and Mr Mansur Ismailov;
4. Holds that there has been a violation of Article 2 of the Convention on account of the failure to conduct an effective investigation into the disappearance of Mr Suliman Malikov, Mr Adlan Khatuyev, Mr Aslan Khatuyev, Mr Sayd-Salu Akhmatov and Mr Mansur Ismailov;
5. Holds that there has been a violation of Article 3 of the Convention on account of the mental suffering endured by the applicants;
6. Holds that there has been a violation of Article 5 of the Convention in respect of Mr Suliman Malikov, Mr Adlan Khatuyev, Mr Aslan Khatuyev, Mr Sayd-Salu Akhmatov and Mr Mansur Ismailov;
7. Holds that no separate issues arise under Article 6 of the Convention;
8. Holds that there has been a violation of Article 13 of the Convention in respect of the alleged violation of Article 2 of the Convention;
9. Holds that no separate issues arise under Article 13 of the Convention in conjunction with Article 3 of the Convention;
10. 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:
(i) EUR 6,000 (six thousand euros) to the third and fourth applicants jointly, plus any tax that may be chargeable, 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 the first and second applicants jointly, EUR 70,000 (seventy thousand euros) to the third and fourth applicants jointly, EUR 35,000 (thirty-five thousand euros) to the fifth and sixth applicants jointly and EUR 35,000 (thirty-five thousand euros) to the seventh and eighth applicants jointly, plus any tax that may be chargeable, to be converted into Russian roubles at the rate applicable at the date of settlement, in respect of non-pecuniary damage;
(iii) EUR 6,000 (six thousand euros), plus any tax that may be chargeable to the applicants, in respect of costs and expenses, to be paid into the representatives' bank account in the Netherlands;
(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;
11. Dismisses the remainder of the applicants' claim for just satisfaction.

Done in English, and notified in writing on 5 February 2009, pursuant to Rule 77 §§ 2 and 3 of the Rules of Court.

Christos ROZAKIS
President

{Soren} NIELSEN
Registrar

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