Постановление Европейского суда по правам человека от 15.07.2010 <Дело Гелаевы (Gelayevy) против России» [англ.]

n respect of the failure to conduct an effective investigation into the circumstances in which Murad Gelayev disappeared;
5. Holds that there has been a violation of Article 3 of the Convention in respect of Murad Gelayev;
6. Holds that there has been a violation of Article 3 of the Convention in respect of the failure to conduct an effective investigation into the torture of Murad Gelayev;
7. Holds that there has been a violation of Article 3 of the Convention in respect of the second applicant;
8. Holds that there has been a violation of Article 3 of the Convention in respect of the failure to conduct an effective investigation into the second applicant's ill-treatment;
9. Holds that there has been a violation of Article 3 of the Convention in respect of the applicants on account of their mental suffering;
10. Holds that there has been a violation of Article 5 of the Convention in respect of Murad Gelayev;
11. Holds that there has been a violation of Article 13 of the Convention in conjunction with Article 2 of the Convention;
12. Holds that no separate issues arise under Article 13 of the Convention in respect of the alleged violations of Articles 3 and 5;
13. 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, to be converted into Russian roubles at the date of settlement, save in the case of the payment in respect of costs and expenses:
(i) EUR 18,000 (eighteen thousand euros), plus any tax that may be chargeable, in respect of pecuniary damage to the first and second applicants jointly;
(ii) EUR 10,000 (ten thousand euros), plus any tax that may be chargeable, in respect of non-pecuniary damage to the second applicant;
(iii) EUR 78,000 (seventy-eight thousand euros), plus any tax that may be chargeable, in respect of non-pecuniary damage to the applicants jointly;
(iv) EUR 5,500 (five thousand five hundred euros), plus any tax that may be chargeable to the applicants, in respect of costs and expenses, to be paid into the representatives' bank account in the Netherlands;
(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;
14. Dismisses the remainder of the applicants' claim for just satisfaction.

Done in English, and notified in writing on 15 July 2010, pursuant to Rule 77 §§ 2 and 3 of the Rules of Court.

Christos ROZAKIS
President

{Soren} NIELSEN
Registrar






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