Постановление Европейского суда по правам человека от 08.04.2010 «Дело Сериевы (Seriyevy) против России» [англ.]

one set of documents. The Court thus doubts that legal drafting was necessarily time-consuming to the extent claimed by the representatives.
140. Having regard to the details of the claims submitted by the applicants, the Court awards them EUR 6,500 together with any value-added tax that may be chargeable to the applicants, the net award to be paid into the representatives' bank account in the Netherlands, as identified by the applicants.

C. Default interest

141. The Court considers it appropriate that the default interest should be based 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 strike the application out of its list of cases in accordance with Article 37 § 1 (a) of the Convention in so far as it concerns the applicants' complaint under Article 6 of the Convention;
2. Decides to join to the merits the Government's objection as to non-exhaustion of domestic remedies and rejects it;
3. Declares the complaints under Articles 2, 3 5 and 13 of the Convention lodged in respect of Sarali Seriyev's disappearance admissible and remainder of the application inadmissible;
4. Holds that there has been a substantive violation of Article 2 of the Convention in respect of Sarali Seriyev;
5. 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 Sarali Seriyev disappeared;
6. Holds that there has been a violation of Article 3 of the Convention in respect of the applicants;
7. Holds that there has been a violation of Article 5 of the Convention in respect of Sarali Seriyev;
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 respect of the alleged violations of Articles 3 and 5;
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, 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 60,000 (sixty thousand euros), plus any tax that may be chargeable, in respect of non-pecuniary damage to the applicants jointly;
(ii) EUR 6,500 (six 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;
11. Dismisses the remainder of the applicants' claim for just satisfaction.

Done in English, and notified in writing on 8 April 2010, pursuant to Rule 77 §§ 2 and 3 of the Rules of Court.

Christos ROZAKIS
President

{Soren} NIELSEN
Registrar

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