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Постановление Европейского суда по правам человека от 26.11.2009 "Дело "Исмаилов и другие (Ismailov and others) против Российской Федерации" [рус., англ.]





ult interest

147. 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 join to the merits the Government's objection as to non-exhaustion of domestic remedies and rejects it;
2. Declares the complaints under Articles 2, 3, 5, 8 in respect of the right to family life and 13 of the Convention admissible and the remainder of the application inadmissible;
3. Holds that there has been a substantive violation of Article 2 of the Convention in respect of Aslambek Ismailov, Aslan Ismailov, Yaragi Ismailov, Khizir Ismailov and Yusi Daydayev;
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 the applicants' relatives disappeared;
5. Holds that there has been a violation of Article 3 of the Convention in respect of the applicants, except in respect of the twenty-first applicant;
6. Holds that there has been a violation of Article 5 of the Convention in respect of Aslambek Ismailov, Aslan Ismailov, Yaragi Ismailov, Khizir Ismailov and Yusi Daydayev;
7. Holds that no separate issues arise under Article 8 of the Convention regarding the applicants' right to respect for family life;
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, 5 and 8 in respect of the right to family life;
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 13,000 (thirteen thousand euros), plus any tax that may be chargeable, in respect of pecuniary damage to the first applicant;
(ii) EUR 10,000 (ten thousand euros), plus any tax that may be chargeable, in respect of pecuniary damage to the second, third and fourth applicants jointly;
(iii) EUR 1,500 (one thousand five hundred euros), plus any tax that may be chargeable, in respect of pecuniary damage to the fifth applicant;
(iv) EUR 10,000 (ten thousand euros), plus any tax that may be chargeable, in respect of pecuniary damage to the eighth, twelfth, thirteenth, fourteenth, fifteenth, sixteenth, seventeenth, eighteenth, nineteenth, twentieth and twenty first applicants jointly;
(v) EUR 70,000 (seventy thousand euros), plus any tax that may be chargeable, in respect of non-pecuniary damage to the first applicant;
(vi) EUR 35,000 (thirty-five thousand euros), plus any tax that may be chargeable, in respect of non-pecuniary damage to the second, third and fourth applicants jointly;
(vii) EUR 35,000 (thirty-five thousand euros), plus any tax that may be chargeable, in respect of non-pecuniary damage to the fifth, sixth and seventh applicants jointly;
(viii) EUR 35,000 (thirty-five thousand euros), plus any tax that may be chargeable, in respect of non-pecuniary damage to the applicants from the eighth to the twenty-first jointly;
(ix) 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



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