are violated shall have an effective remedy before a national authority notwithstanding that the violation has been committed by persons acting in an official capacity."
A. The parties' submissions
105. The Government contended that the applicant had had effective remedies at her disposal as required by Article 13 of the Convention and that the authorities had not prevented her from using them. The applicant had had an opportunity to challenge the acts or omissions of the investigating authorities in court and had availed herself of it. They added that participants in criminal proceedings could also claim damages in civil proceedings. In sum, the Government submitted that there had been no violation of Article 13.
106. The applicant reiterated the complaint.
B. The Court's assessment
1. Admissibility
107. The Court notes that this complaint is not manifestly ill-founded within the meaning of Article 35 § 3 of the Convention. It further notes that it is not inadmissible on any other grounds. It must therefore be declared admissible.
2. Merits
108. The Court reiterates that in circumstances where, as here, a criminal investigation into the disappearance has been ineffective and the effectiveness of any other remedy that might have existed, including civil remedies suggested by the Government, has consequently been undermined, the State has failed in its obligation under Article 13 of the Convention (see Khashiyev and Akayeva, cited above, § 183).
109. Consequently, there has been a violation of Article 13 in conjunction with Article 2 of the Convention.
110. As regards the applicant's reference to Articles 3 and 5 of the Convention, the Court considers that, in the circumstances, no separate issue arises in respect of Article 13, read in conjunction with Articles 3 and 5 of the Convention (see Kukayev v. Russia, No. 29361/02, § 119, 15 November 2007, and Aziyevy v. Russia, No. 77626/01, § 118, 20 March 2008).
VII. Application of Article 41 of the Convention
111. 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. Damage
112. The applicant did not claim in respect of pecuniary damage. As to non-pecuniary damage, she stated that she had lost her son and endured stress, frustration and helplessness in relation to her son's abduction aggravated by the authorities' inactivity in the investigation for several years. She left the determination of the amount of compensation to the Court.
113. The Government submitted that finding a violation of the Convention would be adequate just satisfaction in the applicant's case.
114. The Court has found a violation of Articles 2, 5 and 13 of the Convention on account of the unacknowledged detention and death of the applicant's son. The applicant herself has been found to have been victim of a violation of Article 3 of the Convention. The Court thus accepts that she has suffered non-pecuniary damage which cannot be compensated for solely by the findings of violations. It awards the applicant 60,000 euros (EUR) plus any tax that may be chargeable thereon.
B. Costs and expenses
115. The applicant was represented by lawyers from the EHRAC/Memorial Human Rights Centre. They submitted that the aggregate claim in respect of costs and expenses related to the applicant's legal representation amounted to 881 pounds sterling (GBP) (approximately EUR 1,110) with the following
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