137. The second applicant furnished a certificate from the Groznenskiy ROVD confirming that Bekman Asadulayev's salary for the last month of his employment had amounted to RUB 6,159.16. With reference to the provisions of the Civil Code and the actuarial tables for use in personal injury and fatal accident cases published by the United Kingdom Government Actuary Department in 2007 ("the Ogden tables"), the second applicant submitted that she would have benefitted from Bekman Asadulayev's support in the amount of 20% of his earnings, while each of their two children would have benefitted from their father's support in the amount of 10% of his earnings.
138. The Government submitted, without providing further details, that the second applicant should have based her claims on Article 1088 of the Civil Code instead of the Ogden tables. They further pointed out that she had not made use of the domestic avenues for obtaining compensation for the loss of a breadwinner.
139. The Court reiterates that there must be a clear causal connection between the damage claimed by the applicant and the violation of the Convention, and that this may, in an appropriate case, include compensation in respect of loss of earnings. 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 second applicant's husband and the loss by her of the financial support which he could have provided. The Court further finds that the loss of earnings also applies to dependent children and that it is reasonable to assume that Bekman Asadulayev's children would have benefitted from his support (see Imakayeva, cited above, § 213). Having regard to the second applicant's submissions, the Court awards EUR 20,000 to the second applicant in respect of pecuniary damage, plus any tax that may be chargeable on that amount.
2. Non-pecuniary damage
140. The applicants claimed compensation for the suffering they had endured as a result of the loss of their relative, their inability to properly bury him and the indifference shown by the authorities in connection with the investigation of his abduction. The first and third applicants claimed EUR 25,000 each, while the second applicant claimed EUR 50,000 under this head.
141. The Government contested the applicants' claims as excessive.
142. The Court has found a violation of Articles 2, 5 and 13 of the Convention on account of the unacknowledged detention and disappearance of the applicants' relative. The applicants have been found victims of a violation of Article 3 of the Convention. The Court thus accepts that the applicants have suffered non-pecuniary damage which cannot be compensated for solely by the findings of violations. It finds it appropriate to award EUR 31,000 to the second applicant and EUR 2,000 each to the first and third applicants in respect of non-pecuniary damage, plus any tax that may be chargeable thereon.
B. Costs and expenses
143. The applicants were represented by the SRJI. They submitted an itemised schedule of costs and expenses that included research and interviews in Ingushetia and Moscow, at a rate of EUR 50 per hour, and the drafting of legal documents submitted to the Court and the domestic authorities, at a rate of EUR 50 per hour for SRJI lawyers and EUR 150 for SRJI senior staff, as well as administrative expenses, translation and courier mail fees. The aggregate claim in respect of costs and expenses related to the applicants' representation amounted to EUR 6,118.39.
144. The Government submitted that reimbursement of costs was to be ordered by the Court only if those had been actually incurred and were reasonable as to quantum.
145. The Court has to establish first whether the costs and expenses indicated by the applica
> 1 2 3 ... 21 22 23 24
Zaki.ru законы и право
поиск по сайту
каталог документов
добавить сайт Zaki.ru в избранное
Правовые акты международные
Правовые акты Российской Федерации
