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Постановление Европейского суда по правам человека от 22.01.2009 «Дело Заурбекова и Заурбекова (Zaurbekova and Zaurbekova) против России» [англ.]





employed person having the same qualifications. The first applicant based her calculations on the actuarial tables for use in personal injury and fatal accident cases published by the United Kingdom Government Actuary's Department in 2004 ("the Ogden tables"), with reference to the absence of any equivalent methods of calculation in Russia.
131. The Government disputed the first applicant's claims under this head as unsubstantiated.
132. The Court reiterates that there must be a clear causal connection between the damage claimed by the applicant and the violation of the Convention (see, among other authorities, {Cakici}, cited above, § 127). It finds that there is indeed a direct causal link between the violation of Article 2 and the loss by the first applicant of the financial support which her son could have provided for her. The Court further finds that the loss of earnings applies to dependants and considers it reasonable to assume that Isa Zaurbekov would have had some earnings and that the first applicant would have benefited from them. Having regard to the applicants' submissions, the Court does not consider the amounts sought by the first applicant excessive. It therefore awards her EUR 9,000 under this head, plus any tax that may be chargeable to her on this amount.

2. Non-pecuniary damage

133. The first applicant claimed EUR 60,000 and the second applicant claimed EUR 30,000 in respect of non-pecuniary damage for the fear, anguish and distress which they had suffered as a result of their relative's disappearance.
134. The Government considered the applicants' claims to be excessive.
135. The Court observes that it has found a violation of Articles 2, 3, 5, 8 and 13 of the Convention and Article 1 of Protocol No. 1 on account of the unlawful detention and disappearance of the applicants' relative, the mental suffering endured by the applicants, the breach of the right to respect for home and the right to peaceful enjoyment of possessions and the absence of effective remedies to secure domestic redress for those violations. The Court has also found a violation of Article 38 § 1 (a) of the Convention on account of the Government's failure to submit the materials requested by the Court. The applicants must have suffered anguish and distress as a result of all these circumstances, which cannot be compensated by a mere finding of a violation. Having regard to these considerations, the Court awards, on an equitable basis, EUR 35,000 to the applicants jointly for non-pecuniary damage, plus any tax that may be chargeable to them on this amount.

B. Costs and expenses

136. The applicants were represented by lawyers from the SRJI. They submitted a schedule of costs and expenses that included research and interviews in Ingushetia and Moscow, at a rate of EUR 50 per hour, and the drafting of legal documents submitted to the Court and the domestic authorities, at a rate of EUR 50 per hour for the SRJI lawyers and EUR 150 per hour for the SRJI senior staff. The aggregate claim in respect of costs and expenses related to the applicants' legal representation amounted to EUR 10,064.36, comprising EUR 8,325 for 60.36 hours spent by the SRJI staff on preparing and representing the applicants' case, EUR 1,100.54 for translation expenses, EUR 56.07 for international courier post to the Court and EUR 582.75 for administrative costs (7% of legal fees).
137. The Government pointed out that the applicants were only entitled to reimbursement of costs and expenses that had actually been incurred and were reasonable. They also noted that two of the SRJI's lawyers who had signed the applicants' observations on the merits had not been named in the powers of attorney.
138. The Court notes that the applicants issued a power of attorney in respect of the S



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