Постановление Европейского суда по правам человека от 22.07.2010 <Дело Бенуева и другие (Benuyeva and others) против России» [англ.]

ased 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 join to the merits the Government's objection as to non-exhaustion of criminal domestic remedies and rejects it;
2. Declares the complaints under Article 2, Article 3 in respect of the applicants' mental suffering, Article 5 and Article 13 in connection with Article 3 of the Convention on account of the applicants' mental suffering admissible and the remainder of the application inadmissible;
3. Holds that there has been a violation of Article 2 of the Convention in respect of Abu Zhanalayev and Sayd-Selim Benuyev;
4. 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 Abu Zhanalayev and Sayd-Selim Benuyev disappeared;
5. Holds that there has been a violation of Article 3 of the Convention in respect of the first, ninth and tenth applicants on account of their mental suffering;
6. Holds that there has been no violation of Article 3 of the Convention in respect of the second, third, fourth, fifth, sixth, seventh, eighth, eleventh, twelfth, thirteenth, fourteenth and fifteenth applicants on account of their mental suffering;
7. Holds that there has been a violation of Article 5 of the Convention in respect of Abu Zhanalayev and Sayd-Selim Benuyev;
8. Holds that there has been a violation of Article 13 of the Convention in conjunction with Article 2 of the Convention;
9. Holds that no separate issues arise under Article 13 of the Convention in conjunction with Article 3 of the Convention on account of the applicants' mental suffering;
10. 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 1,500 (one thousand five hundred euros) to the first applicant and EUR 1,500 (one thousand five hundred euros) to the ninth and tenth applicants jointly in respect of pecuniary damage, 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;
(ii) EUR 55,000 (fifty-five thousand euros) to the first applicant, EUR 55,000 (fifty-five thousand euros) to the ninth and tenth applicants jointly and EUR 850 (eight hundred and fifty euros) to the second, third, fourth, fifth, sixth, seventh, eighth, eleventh, twelfth, thirteenth, fourteenth and fifteenth applicants each in respect of non-pecuniary damage, 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 4,000 (four thousand 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;
11. Dismisses the remainder of the applicants' claim for just satisfaction.

Done in English, and notified in writing on 22 July 2010, pursuant to Rule 77 §§ 2 and 3 of the Rules of Court.

Christos ROZAKIS
President

{Soren} NIELSEN
Registrar






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