Постановление Европейского суда по правам человека от 09.04.2009 «Дело Докаев и другие (Dokayev and others) против России» [англ.]

an Askhabov, Isa Dubayev and Isa Dokayev;
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 Ruslan Askhabov, Isa Dubayev and Isa Dokayev had disappeared;
5. Holds that there has been a violation of Article 3 of the Convention in respect of the applicants, save for the fifth applicant;
6. Holds that there has been a violation of Article 5 of the Convention in respect of Ruslan Askhabov, Isa Dubayev and Isa Dokayev;
7. Holds that no separate issues arise under Article 8 of the Convention in respect of the alleged violation of the applicants' right to respect for family life;
8. Holds that there has been a violation of Article 13 of the Convention 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 violations of Articles 3 and 5;
10. 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, to be converted into Russian roubles at the date of settlement, save for the payment in respect of costs and expenses:
(i) EUR 14,000 (fourteen thousand euros) plus any tax that may be chargeable, in respect of pecuniary damage to the third, fourth, fifth, and sixth applicants jointly;
(ii) EUR 24,457 (twenty four thousand four hundred and fifty-seven euros) plus any tax that may be chargeable, in respect of pecuniary damage to the seventh and eighth applicants jointly;
(iii) EUR 35,000 (thirty five thousand euros) plus any tax that may be chargeable, in respect of non-pecuniary damage to the first, second, third, fourth, fifth and sixth applicants jointly;
(iv) EUR 35,000 (thirty five thousand euros) plus any tax that may be chargeable, in respect of non-pecuniary damage to the seventh, eighth and ninth applicants jointly;
(v) EUR 35,000 (thirty five thousand euros) plus any tax that may be chargeable, in respect of non-pecuniary damage to the tenth and eleventh applicants jointly;
(vi) EUR 5,500 (five thousand five hundred 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;
11. Dismisses the remainder of the applicants' claim for just satisfaction.

Done in English, and notified in writing on 9 April 2009, pursuant to Rule 77 §§ 2 and 3 of the Rules of Court.

Christos ROZAKIS
President

{Soren} NIELSEN
Registrar






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