onvention in fine (see, for example, Singh and Others v. the United Kingdom (dec.), No. 30024/96, 26 September 2000, and Stamatios Karagiannis v. Greece, No. 27806/02, § 28, 10 February 2005).
149. It follows that this part of the application must be struck out in accordance with Article 37 § 1 (a) of the Convention.
IX. Application of Article 41 of the Convention
150. 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. Pecuniary damage
151. The first and second applicants claimed damages in respect of the lost wages of their son and life companion. Vakha Saydaliyev had been entitled to a monthly disability pension. The first and second applicants considered that he would have supported his life companion financially until their three daughters reached the age of majority. The first and second applicants pointed out that Vakha Saydaliyev's children had been living with the first applicant and claimed a total of 150,915 Russian roubles (RUB) (approximately 4,300 euros (EUR)).
152. The Government regarded these claims as unfounded. They pointed out that the second applicant and her daughters received a pension for the loss of a breadwinner from the domestic authorities; the amount of that pension was not specified.
153. 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 Vakha Saydaliyev and the loss by the first and second applicants of the financial support which he could have provided. The Court has no detailed information concerning the pension for the loss of a breadwinner allegedly received by the second applicant and her daughters and thus is not in a position to establish to what extent that pension could serve as a compensation of pecuniary damage sustained by the second applicant. Having regard to the applicants' submissions, the Court awards EUR 4,300 to the first and second applicants jointly in respect of pecuniary damage, plus any tax that may be chargeable on that amount.
B. Non-pecuniary damage
154. The applicants claimed non-pecuniary damages for the suffering they had endured as a result of the loss of their family member and the indifference shown by the authorities towards them. The first and second applicants claimed EUR 40,000 each and the third applicant claimed EUR 8,000 under this head.
155. The Government found the amounts claimed exaggerated.
156. 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 first and second applicants have been found victims of a violation of Article 3 of the Convention. The Court thus accepts that the applicants have suffered non-pecuniary damage which cannot be compensated for solely by the findings of violations. It finds it appropriate to award to the first applicant EUR 15,000, to the second applicant EUR 20,000 and to the third applicant EUR 1,000, plus any tax that may be chargeable thereon.
C. Costs and expenses
157. The applicants were represented by the SRJI. They submitted an itemised schedule of costs and expenses that included research and legal drafting at a rate of EUR 50 per hour for SRJI lawyers and EUR 150 per hour for SRJ
> 1 2 3 ... 17 18 19 20
Zaki.ru законы и право
поиск по сайту
каталог документов
добавить сайт Zaki.ru в избранное
Правовые акты международные
Правовые акты Российской Федерации
