Постановление Европейского суда по правам человека от 29.10.2009 «Дело Хантиева и другие (Khantiyeva and others) против России» [англ.]

Article 2 of the Convention in respect of the failure to conduct an effective investigation into the circumstances in which Mayrudin Khantiyev disappeared;
5. Holds that there has been a violation of Article 3 of the Convention in respect of the applicants' mental suffering;
6. Holds that there has been a violation of Article 5 of the Convention in respect of Mayrudin Khantiyev;
7. Holds that there has been a violation of Article 13 of the Convention in conjunction with Article 2 of the Convention;
8. Holds that no separate issues arise under Article 13 of the Convention in respect of the alleged violations of Articles 3 and 5;
9. Holds
(a) that the respondent State is to pay to the applicants, within three months from the date on which the judgment becomes final in accordance with Article 44 § 2 of the Convention, the following amounts:
(i) EUR 2,000 (two thousand euros) in respect of pecuniary damage to the applicants jointly, to be converted into Russian roubles at the rate applicable at the date of settlement, plus any tax that may be chargeable on this amount;
(ii) EUR 15,000 (fifteen thousand euros) in respect of non-pecuniary damage to the first and second applicants jointly, EUR 20,000 (twenty thousand euros) in respect of non-pecuniary damage to the third and fourth applicants jointly, to be converted into Russian roubles at the rate applicable at the date of settlement, plus any tax that may be chargeable;
(iii) EUR 4,200 (four thousand two 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;
10. Dismisses the remainder of the applicants' claim for just satisfaction.

Done in English, and notified in writing on 29 October 2009, pursuant to Rule 77 §§ 2 and 3 of the Rules of Court.

Christos ROZAKIS
President

{Soren} NIELSEN
Registrar






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