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Постановление Европейского суда по правам человека от 08.01.2009 «Дело Закриева и другие (Zakriyeva and others) против России» [англ.]





civil claims for damages. In sum, the Government submitted that there had been no violation of Article 13.
107. The applicants reiterated the complaint.

B. The Court's assessment

108. The Court observes that the complaint made by the applicants under this Article has already been examined in the context of Article 2 of the Convention. Having regard to the findings of a violation of Article 2 in its procedural aspect (see paragraph 90 above), the Court considers that, whilst the complaint under Article 13 taken in conjunction with Article 2 is admissible, there is no need for a separate examination of this complaint on its merits (see, mutatis mutandis, Makaratzis v. Greece [GC], No. 50385/99, §§ 84 - 86, ECHR 2004-XI, and {Anik} and Others v. Turkey, No. 63758/00, § 86, 5 June 2007).

IX. Alleged violations of Article 14 of the Convention

109. In their initial application form the applicants stated that they had been discriminated against on the grounds of their ethnic origin in breach of Article 14 of the Convention, which provides:
"The enjoyment of the rights and freedoms set forth in [the] Convention shall be secured without discrimination on any ground such as sex, race, colour, language, religion, political or other opinion, national or social origin, association with a national minority, property, birth or other status."
110. In their observations on admissibility and merits dated 20 December 2007 the applicants stated that they no longer wished their complaint under Article 14 of the Convention to be examined.
111. 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 Stamatios Karagiannis v. Greece, No. 27806/02, § 28, 10 February 2005).
112. It follows that this part of the application must be struck out in accordance with Article 37 § 1 (a) of the Convention.

X. Application of Article 41 of the Convention

113. 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. Pecuniary damage

114. The first, fourth and fifth applicants claimed damages in respect of their relative's loss of earnings. They submitted that, although Aslanbek Khamzatov was unemployed at the time of his disappearance, he could have been expected to earn at least the minimum wage and to support them financially. The first applicant claimed under this heading a total of 296,086.21 Russian roubles (RUB) (approximately 8,300 euros (EUR), the fourth applicant RUB 102,958.51 (approximately EUR 2,900) and the fifth applicant RUB 93,326.21 (approximately EUR 2,600).
115. The Government regarded these claims as unfounded.
116. 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 that there has been no violation of Article 2 in its substantive aspect, the Court finds that there is no direct causal link between the alleged violation of Aslanbek Khamzatov's right to life and the loss by the first, fourth and fifth applicants of the financial support w



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