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

the claims submitted by the applicants, the Court finds it appropriate to award the applicants' representatives EUR 4,500, less EUR 850 received by way of legal aid from the Council of Europe, plus any tax that may be chargeable to the applicants, the award to be paid into the representatives' bank account in the Netherlands, as identified by the applicants.

D. Default interest

127. 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. 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' complaints under Article 14 of the Convention;
2. Dismisses the Government's objection regarding abuse of the right of petition;
3. Dismisses the Government's objection regarding locus standi;
4. Decides to join to the merits the Government's objection regarding the non-exhaustion of criminal domestic remedies and rejects it;
5. Declares the complaints under Articles 2 and 13 of the Convention admissible and the remainder of the application inadmissible;
6. Holds that there has been no violation of Article 2 of the Convention in its substantive limb in respect of Aslanbek Khamzatov;
7. 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 Aslanbek Khamzatov had disappeared;
8. Holds that no separate issues arise under Article 13 of the Convention in respect of the alleged violation of Article 2;
9. 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 2,000 (two thousand euros) in respect of non-pecuniary damage to the first, fourth and fifth applicants each and EUR 850 (eight hundred and fifty euros) to the sixth, seventh and eighth applicants each, to be converted into Russian roubles at the rate applicable at the date of settlement, plus any tax that may be chargeable on these amounts;
(iii) EUR 3,650 (three thousand six hundred and fifty euros), in respect of costs and expenses, to be paid into the representatives' bank account in the Netherlands, plus any tax that may be chargeable to the applicants;
(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 the remainder of the applicants' claims for just satisfaction.

Done in English, and notified in writing on 8 January 2009, pursuant to Rule 77 §§ 2 and 3 of the Rules of Court.

Christos ROZAKIS
President

{Soren} NIELSEN
Registrar

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