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

nd their conduct in this respect. However, the Court has already found a violation of Article 13 of the Convention in conjunction with Article 2 of the Convention on account of the authorities' conduct that led to the suffering endured by the applicants. The Court considers that, in the circumstances, no separate issue arises in respect of Article 13 in connection with Article 3 of the Convention.

VII. Alleged violation of Article 14 of the Convention

137. The applicants alleged that they had been discriminated against in the enjoyment of their Convention rights, since the violations of which they complained had taken place on account of their being resident in Chechnya and their ethnic background as Chechens. This was contrary to Article 14 of the Convention, which reads as follows:
"The enjoyment of the right 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."

A. The parties' submissions

138. The Government argued that the allegations were unsubstantiated.
139. The applicants maintained the complaint.

B. The Court's assessment

140. The Court observes that no evidence has been submitted to it that suggests that the applicants were treated differently from persons in an analogous situation without objective and reasonable justification, or that they have ever raised this complaint before the domestic authorities. It thus finds that this complaint has not been substantiated.
141. It follows that this part of the application must be rejected as being manifestly ill-founded, pursuant to Article 35 §§ 3 and 4 of the Convention.

VIII. Application of Article 41 of the Convention

142. 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

143. The fourth applicant claimed that he had sustained damage in respect of the loss of his father's earnings following his apprehension and subsequent killing. The fourth applicant claimed a total of 231,520.11 roubles (RUR) under this head (approximately 6,502 euros (EUR)).
144. The fourth applicant claimed that Mr Ismail Dzhamayev had been temporarily unemployed due to the situation in Chechnya. Having regard to the provisions of the Civil Code on the calculation of lost earnings, he claimed that the amount of an unemployed person's earnings should be equal to the average remuneration of a person with similar qualifications and could not be based on an amount lower than the subsistence level determined by federal laws. He submitted that he was dependent on his father and would have benefited from the latter's financial support in the amount indicated above, that is, 30% of his earnings. The fourth applicant's calculations were based on provisions of the Civil Code and the actuarial tables for use in personal injury and fatal accident cases published by the United Kingdom Government Actuary's Department in 2007 ("the Ogden tables").
145. The Government argued that no compensation for pecuniary damage should be awarded to the fourth applicant since lethal force had been used against his father in compliance with Article 2 of the Convention.
146. The Court reiterates that there must be a clear causal connection between the damage claimed by the applicants and the violation of the Conventio

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