Постановление Европейского суда по правам человека от 28.05.2009 «Дело Ненкаев и другие (Nenkayev and others) против России» [англ.]

that it is unable to consider the merits of the applicants' complaint under Article 8 of the Convention as it has been lodged out of time;
2. Dismisses the Government's preliminary objection as to non-exhaustion of domestic remedies;
3. Holds that there has been a violation of Article 2 of the Convention in respect of Muslim Nenkayev;
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 Muslim Nenkayev had disappeared;
5. Holds that there has been no violation of Article 3 of the Convention as regards the alleged ill-treatment of Muslim Nenkayev;
6. Holds that there has been a violation of Article 3 of the Convention in respect of the first, second and third applicants on account of their mental suffering;
7. Holds that there has been no violation of Article 3 of the Convention in respect of the fourth, fifth, sixth, seventh, eighth, ninth and tenth applicants;
8. Holds that there has been a violation of Article 5 of the Convention in respect of Muslim Nenkayev and the third applicant;
9. Holds that there has been a violation of Article 13 of the Convention in conjunction with Article 2 of the Convention;
10. Holds that there has been no violation of Article 13 of the Convention as regards the alleged violation of Article 3 of the Convention in respect of Muslim Nenkayev and the alleged violation of Article 8 of the Convention;
11. Holds that no separate issues arise under Article 13 of the Convention in respect of the alleged violation of Article 3 in respect of the first, second and third applicants on account of mental suffering and in respect of the alleged violation of Article 5 of the Convention;
12. Holds that there has been a failure to comply with Article 38 § 1 (a) of the Convention in that the Government have refused to submit documents requested by the Court;
13. 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:
(i) EUR 20,000 (twenty thousand euros) to the first and second applicants jointly, EUR 10,000 (ten thousand euros) to the third applicant and EUR 750 (seven hundred and fifty euros) to the fourth, fifth, sixth, seventh, eighth, ninth and tenth applicants each in respect of non-pecuniary damage, plus any tax that may be chargeable, to be converted into Russian roubles at the rate applicable at the date of settlement;
(ii) EUR 6,650 (six thousand six hundred and fifty 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;
14. Dismisses the remainder of the applicants' claim for just satisfaction.

Done in English, and notified in writing on 28 May 2009, pursuant to Rule 77 §§ 2 and 3 of the Rules of Court.

Christos ROZAKIS
President

{Soren} NIELSEN
Registrar






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