Постановление Европейского суда по правам человека от 23.04.2009 «Дело Битиева и другие (Bitiyeva and others) против России» [англ.]

ns a number of procedural guarantees related to the lawfulness of detention.

VIII. Application of Article 41 of the Convention

130. 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

1. Pecuniary damage

(a) The applicants
131. Some of the applicants claimed compensation in respect of the loss of the financial support which their deceased relatives would have provided for them. They submitted that, although not officially employed, their relatives had worked as builders and cab drivers and that their earnings at the material time had been no less than the allowance of an unemployed person having the same qualifications. The applicants based their method of calculation on the actuarial tables for use in personal injury and fatal accident cases published by the United Kingdom Government Actuary's Department in 2004 ("the Ogden tables"), with reference to the absence of any equivalent methods of calculation in Russia. The applicants claimed the following amounts under this head.
132. The first to fourth applicants, the wife and three children of Bayali Elmurzayev, claimed 237,377.79 Russian roubles (RUB), (approximately 6,900 euros (EUR), RUB 67,240.28 (approximately EUR 1,900), RUB 83,495.04 (approximately EUR 2,400) and RUB 114,854.46 (approximately EUR 3,300) respectively.
133. The sixth to eighth applicants, the wife and two minor children of Sharip Elmurzayev, claimed RUB 267,433.76 (approximately EUR 7,700), RUB 82,574.96 (approximately EUR 2,400) and RUB 121,525.05 (approximately EUR 3,500) respectively.
134. The tenth to twelfth applicants, the wife and two minor children of Khusin Khadzhimuradov, claimed RUB 310,122 (approximately EUR 8,900), RUB 113,786.46 (approximately EUR 3,300) and RUB 126,642.80 (approximately EUR 3,700) respectively.
135. The thirteenth to seventeenth applicants, the wife and four children of Isa Khadzhimuradov, claimed RUB 207,526.28 (approximately EUR 6,000), RUB 3,154.65 (approximately EUR 90), RUB 8,988.22 (approximately EUR 260), RUB 61,183.08 (approximately EUR 1,750) and RUB 71,380.64 (approximately EUR 2,000) respectively.
136. The nineteenth to twenty-first applicants, the wife and two minor children of Lechi Shaipov, claimed RUB 158,046.37 (approximately EUR 4,600), RUB 87,328.71 (approximately EUR 2,500) and RUB 104,963.59 (approximately EUR 3,000) respectively.
137. The twenty-third and twenty-fourth applicants, the parents of Apti Murtazov, claimed RUB 78,768.07 (approximately EUR 2,300) and RUB 65,017.97 (approximately EUR 1,900) respectively.
138. The twenty-ninth and thirtieth applicants, two minor children of Zelimkhan Osmayev, claimed RUB 118,278.43 (approximately EUR 3,400) and 111,850.26 (approximately EUR 3,200) respectively.
139. The thirty-sixth to thirty-eighth applicants, the wife and two minor children of Idris Elmurzayev, claimed RUB 279,387.50 (approximately EUR 8,000), RUB 130,495.84 (approximately EUR 3,800) and RUB 117,077.99 (approximately EUR 3,400) respectively.
(b) The Government
140. The Government submitted that the applicants could obtain compensation for the loss of their breadwinners at the domestic level.
(c) The Court's assessment
141. 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 appropriate cases, include compensation in respect of loss of earnings (see, among other authorities, {Cakici}, cited above, § 127).



> 1 2 3 ... 20 21 22 ... 24 25 26

	Поделиться:	Tweet