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Постановление Европейского суда по правам человека от 17.06.2010 «Дело Батаев и другие (Batayev and others) против России» [англ.]





ey had not claimed any damages in connection with the vehicles allegedly stolen on that day (see paragraph 144 above). In such circumstances, the Court is unable to find that the applicants had any property rights over the two cars in question.
237. It follows that this complaint is manifestly ill-founded and must be rejected in accordance with Article 35 §§ 3 and 4 of the Convention.

IX. Application of Article 41 of the Convention

238. 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

1. The parties' submissions

239. All the applicants, except for the first applicant, claimed damages in respect of loss of earnings by their relatives after their arrest and subsequent disappearance.
240. The second to ninth applicants claimed that Khasan Batayev, Zaur Ibragimov, Magomed Temurkayev, Rizvan Ismailov, Sayd-Ali Musayev and Kharon Musayev would have supported them and their other dependants. They submitted that Zaur Ibragimov and Magomed Temurkayev each had three minor children. They claimed that their relatives had been unemployed at the time of their arrest, or that they were unable to obtain salary statements for them, and that in such cases the calculation should be made on the basis of the subsistence level established by national law. They calculated their earnings for the period. Taking the average life expectancy in Russia to be 70 years, the applicants assumed that they could have been financially dependent on Khasan Batayev, Zaur Ibragimov, Magomed Temurkayev, Rizvan Ismailov, Sayd-Ali Musayev and Kharon Musayev for periods ranging between ten and forty-seven years. The applicants assumed that the parents could have counted on 10% of that sum and the wives with dependent children on 80%. Based on these calculations, they claimed sums ranging from 745 to 30,000 euros (EUR).
241. In addition, the fourth applicant claimed EUR 4,000 and the sixth applicant EUR 1,000 in compensation for the two cars stolen on 18 September 2000.
242. The tenth applicant claimed that in 2000 Usman Mavluyev had been employed as a driver and that the monthly wage of a driver in Chechnya amounted to 15,000 Russian roubles (RUB). She had two sons with him, born in 1993 and 1995. She estimated that she, until reaching the age of retirement, and her children, until they reached the age of majority, could have received a substantial part of his earnings. She claimed a total of EUR 55,289 under this heading.
243. The Government regarded these claims as based on suppositions and unfounded. They also pointed to the existence of domestic statutory machinery for the provision of a pension for the loss of the family breadwinner, which the tenth applicant had applied for and obtained.

2. The Court's assessment

244. 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 an appropriate case, include compensation in respect of loss of earnings. The Court further finds that the loss of earnings also applies to dependent children and, in some instances, to elderly parents and that it is reasonable to assume that their missing relatives would eventually have had some earnings from which the applicants would have benefited (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 applicants' sons and husbands an



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