re 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. Pecuniary damage
123. The applicants claimed damages in respect of the lost wages of their relative after his arrest and subsequent disappearance. The first applicant claimed a total of 281,647 Russian roubles (RUB) under this heading (8,284 euros (EUR)), the second applicant claimed a total of RUB 129,299 (EUR 3,803) and the third applicant claimed a total of RUB 110,968 (EUR 3,264).
124. The applicants submitted that they were financially dependent on their abducted relative and would have benefited from his financial support in the overall amount of EUR 15,351. Their calculations were based on the provisions of the Russian Civil Code and the actuarial tables for use in personal injury and fatal accident cases published by the United Kingdom Government Actuary's Department in 2007 ("Ogden tables").
125. The Government regarded these claims as unfounded.
126. The Court reiterates that there must be a clear causal connection between the damage claimed by the applicants and the violation of the Convention, and that this may, in an appropriate case, include compensation in respect of loss of earnings. Having regard to its above conclusions, it finds that there is a direct causal link between the violation of Article 2 in respect of the applicants' relative and the loss by them of the financial support which he could have provided. Having regard to the applicants' submissions and the absence of any documents substantiating the earnings of Abdul-Malik Shakhmurzayev at the time of his abduction, the Court awards the applicants jointly EUR 10,000 in respect of pecuniary damage, plus any tax that may be chargeable on that amount.
B. Non-pecuniary damage
127. The applicants claimed EUR 70,000 in respect of non-pecuniary damage for the suffering they had endured as a result of the loss of their family member, the indifference shown by the authorities towards them and the failure to provide any information about the fate of their close relative.
128. The Government found the amounts claimed exaggerated.
129. The Court has found a violation of Articles 2, 5 and 13 of the Convention on account of the unacknowledged detention and disappearance of the applicants' relative. The applicants themselves have been found to have been victims of a violation of Article 3 of the Convention. The Court thus accepts that they have suffered non-pecuniary damage which cannot be compensated for solely by the findings of violations. It awards to the applicants jointly EUR 35,000 plus any tax that may be chargeable thereon.
C. Costs and expenses
130. The applicants were represented by the SRJI. They submitted an itemised schedule of costs and expenses that included research and interviews in Chechnya and Moscow, at a rate of EUR 50 per hour, and the drafting of legal documents submitted to the Court and the domestic authorities, at a rate of EUR 50 per hour for the SRJI lawyers and EUR 150 per hour for the SRJI senior staff. The aggregate claim in respect of costs and expenses related to the applicants' legal representation amounted to EUR 7,100.
131. The Government disputed the reasonableness and the justification of the amounts claimed under this heading.
132. The Court has to establish first whether the costs and expenses indicated by the applicants' representatives were actually incurred and, second, whether they were necessary (see McCann and Others, cited above, § 220).
133. Having regard to the details of the contract, the Court is satisfied that these rates are reaso
> 1 2 3 ... 16 17 18 19
Zaki.ru законы и право
поиск по сайту
каталог документов
добавить сайт Zaki.ru в избранное
Правовые акты международные
Правовые акты Российской Федерации
