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

Aslan Israilov, claimed RUB 461,479 (EUR 12,954) and the seventh applicant, who is the sister of Khasin Yunusov, claimed RUB 216,937 (EUR 6,090) in respect of pecuniary damage.
202. The Government regarded these claims as based on suppositions and unfounded. In particular, they noted that in the national proceedings the applicants had never claimed compensation for the loss of a breadwinner, although such a possibility was provided for. As to the relatives of Khasin Yunosov, who had been a police officer, his family had received compensation arising out of his compulsory State personal insurance, because his death had been found to have been connected to his professional duties. His mother, in respect of whom the claim had been brought by the seventh applicant, had also received a monthly pension for the loss of a breadwinner as of 1 May 2003.
203. 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 appropriate cases, include compensation in respect of loss of earnings. Furthermore, under Rule 60 of the Rules of Court, any claim for just satisfaction must be itemised and submitted in writing together with the relevant supporting documents, "failing which the Chamber may reject the claim in whole or in part". The Court further finds that the loss of earnings also applies to dependent children (see, among other authorities, Imakayeva, cited above, § 213). Having regard to its above conclusions, it finds that there is a direct causal link between the violation of Article 2 in respect of the second, third and fifth applicants' family members and the loss by these applicants of the financial support which they could have provided.
204. As to the claim brought by the fourth applicant, the Court notes that she submitted no documents or any other evidence to support her claim that she took care of her late brother's three minor children. In such circumstances, the Court finds that there is no reason to award her compensation for pecuniary damage.
205. As to the claims brought by the sixth and the seventh applicants, the Court observes that it has been unable to establish the State's responsibility for the deaths of the applicants' relatives. It therefore does not discern a causal link between the violations found and the damage claimed.
206. Having regard to the above and to the second, third and fifth applicants' submissions, and accepting that it would be reasonable to assume that their relatives would have eventually had some earnings resulting in the financial support of their families, the Court awards the following sums in respect of pecuniary damage, plus any tax that may be chargeable on these amounts:
(i) EUR 12,000 to the second applicant;
(ii) EUR 1,400 to the third applicant; and
(iii) EUR 10,000 to the fifth applicant.

B. Non-pecuniary damage

207. The applicants claimed financial compensation in respect of non-pecuniary damage for the suffering they had endured as a result of the loss of their family members and the indifference shown by the authorities towards them. They sought the following amounts:
(i) EUR 80,000 for the first applicant;
(ii) EUR 40,000 for the second applicant;
(iii) EUR 40,000 for the third applicant;
(iv) EUR 80,000 for the fourth applicant;
(v) EUR 60,000 for the fifth applicant;
(vi) EUR 60,000 for the sixth applicant;
(vii) EUR 80,000 for the seventh applicant.
208. The Government found these amounts exaggerated.
209. The Court has found a violation of Articles 2, 3, 5 and 13 of the Convention on account of the unacknowledged detention and disappearance of the first, second, third, fourth and fifth applicants' relatives. It has also found a p

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