It finds that there is a direct causal link between the violation of Article 2 in respect of the applicants' relatives and the loss by them of the financial support which their relatives could have provided. The Court further finds that the loss of earnings applies to dependants and considers it reasonable to assume that the eight deceased men would have had some earnings and that the applicants would have benefited from these. Having regard to the applicants' submissions, the Court does not consider the amounts sought by them excessive, and finds it appropriate to grant the applicants' claims under this head in full. It therefore awards the following amounts, plus any tax that may be chargeable to the applicants:
(a) EUR 14,500 to the first to fourth applicants jointly;
(b) EUR 13,600 to the sixth to eighth applicants jointly;
(c) EUR 15,900 to the tenth to twelfth applicants jointly;
(d) EUR 10,100 to the thirteenth to seventeenth applicants jointly;
(e) EUR 10,100 to the nineteenth to twenty-first applicants jointly;
(f) EUR 4,200 to the twenty-third and twenty-fourth applicants jointly;
(g) EUR 6,600 to the twenty-ninth and thirtieth applicants jointly, and
(h) EUR 15,200 to the thirty-sixth to thirty-eighth applicants jointly.
2. Non-pecuniary damage
142. As regards non-pecuniary damage, the applicants each sought EUR 50,000, stating that they had suffered severe emotional distress, anxiety and trauma as a result of the abduction and killing of their close relatives and on account of the indifference demonstrated by the Russian authorities during the investigation into these events.
143. The Government disputed the applicants' claim under this head as excessive. In the Government submission, should the Court find any violations of the Convention, a finding of a violation would constitute sufficient just satisfaction in the present case.
144. The Court observes that it has found a violation of Articles 2, 5 and 13 of the Convention on account of the unlawful detention and killing of the applicants' relatives, the ineffective investigation into the matter and the absence of effective remedies to secure domestic redress for those violations. The applicants must have suffered anguish and distress as a result of all these circumstances, which cannot be compensated by a mere finding of a violation. Having regard to these considerations, the Court awards, on an equitable basis, the following amounts under this head, plus any tax that may be chargeable to the applicants:
(a) EUR 35,000 to the first to fourth applicants jointly in respect of non-pecuniary damage caused by the loss of Bayali Elmurzayev;
(b) EUR 35,000 to the fifth to ninth applicants jointly in respect of non-pecuniary damage caused by the loss of Sharip Elmurzayev;
(c) EUR 35,000 to the tenth to twelfth applicants jointly in respect of non-pecuniary damage caused by the loss of Khusin Khadzhimuradov;
(d) EUR 35,000 to the thirteenth to seventeenth applicants jointly in respect of non-pecuniary damage caused by the loss of Isa Khadzhimuradov;
(e) EUR 35,000 to the eighteenth to twenty-first applicants jointly in respect of non-pecuniary damage caused by the loss of Lechi Shaipov;
(f) EUR 35,000 to the twenty-second to twenty-sixth applicants jointly in respect of non-pecuniary damage caused by the loss of Apti Murtazov;
(g) EUR 35,000 to the twenty-seventh and twenty-ninth to thirty-third applicants jointly in respect of non-pecuniary damage caused by the loss of Zelimkhan Osmayev, and
(h) EUR 35,000 to the thirty-fifth to thirty-eighth applicants jointly in respect of non-pecuniary damage caused by the loss of Idris Elmurzayev.
B. Costs and expenses
145. The applicants were repres
> 1 2 3 ... 21 22 23 24 ... 25 26
Zaki.ru законы и право
поиск по сайту
каталог документов
добавить сайт Zaki.ru в избранное
Правовые акты международные
Правовые акты Российской Федерации
