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

missible;
4. Holds that there has been a violation of Article 2 of the Convention as regards the deaths of Bayali Elmurzayev, Sharip Elmurzayev, Khusin Khadzhimuradov, Isa Khadzhimuradov, Lechi Shaipov, Apti Murtazov, Zelimkhan Osmayev and Idris Elmurzayev;
5. Holds that there has been a violation of Article 2 of the Convention on account of the authorities' failure to carry out an adequate and effective investigation into the circumstances surrounding the deaths of Bayali Elmurzayev, Sharip Elmurzayev, Khusin Khadzhimuradov, Isa Khadzhimuradov, Lechi Shaipov, Apti Murtazov, Zelimkhan Osmayev and Idris Elmurzayev;
6. Holds that no separate issue arises under Article 3 of the Convention as regards the alleged ill-treatment of Bayali Elmurzayev, Sharip Elmurzayev, Khusin Khadzhimuradov, Isa Khadzhimuradov, Lechi Shaipov, Apti Murtazov, Zelimkhan Osmayev and Idris Elmurzayev;
7. Holds that there has been a violation of Article 5 of the Convention in respect of Bayali Elmurzayev, Sharip Elmurzayev, Khusin Khadzhimuradov, Isa Khadzhimuradov, Lechi Shaipov, Apti Murtazov, Zelimkhan Osmayev and Idris Elmurzayev;
8. Holds that there has been a violation of Article 13, taken in conjunction with Article 2 of the Convention;
9. Holds that no separate issues arise under Article 13 of the Convention in respect of the alleged violation of Article 3, in so far as the alleged ill-treatment of the applicants' relatives was concerned, and in respect of the alleged violation of Article 5 of the Convention;
10. Holds
(a) that the respondent State is to pay 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, all of which, save for those payable into the bank in the Netherlands, are to be converted into Russian roubles at the rate applicable at the date of settlement:
(i) in respect of pecuniary damage:
EUR 14,500 (fourteen thousand five hundred euros) to the first to fourth applicants jointly;
EUR 13,600 (thirteen thousand six hundred euros) to the sixth to eighth applicants jointly;
EUR 15,900 (fifteen thousand nine hundred euros) to the tenth to twelfth applicants jointly;
EUR 10,100 (ten thousand one hundred euros) to the thirteenth to seventeenth applicants jointly;
EUR 10,100 (ten thousand one hundred euros) to the nineteenth to twenty-first applicants jointly;
EUR 4,200 (four thousand two hundred euros) to the twenty-third and twenty-fourth applicants jointly;
EUR 6,600 (six thousand six hundred euros) to the twenty-ninth and thirtieth applicants jointly;
EUR 15,200 (fifteen thousand two hundred) to the thirty-sixth to thirty-eighth applicants jointly;
(ii) in respect of non-pecuniary damage:
EUR 35,000 (thirty-five thousand euros) to the first to fourth applicants jointly;
EUR 35,000 (thirty-five thousand euros) to the fifth to ninth applicants jointly;
EUR 35,000 (thirty-five thousand euros) to the tenth to twelfth applicants jointly;
EUR 35,000 (thirty-five thousand euros) to the thirteenth to seventeenth applicants jointly;
EUR 35,000 (thirty-five thousand euros) to the eighteenth to twenty-first applicants jointly;
EUR 35,000 (thirty-five thousand euros) to the twenty-second to twenty-sixth applicants jointly;
EUR 35,000 (thirty-five thousand euros) to the twenty-seventh and twenty-ninth to thirty-third applicants jointly;
EUR 35,000 (thirty-five thousand euros) to the thirty-fifth to thirty-eighth applicants jointly;
(iii) EUR 8,608.45 (eight thousand six hundred and eight euros and forty-five cents) in respect of costs and expenses, to be paid in euros into the bank account in the Netherlands indicated by the applicants' representative;




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