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Постановление Европейского суда по правам человека от 26.02.2009 «Дело Астамирова и другие (Astamirova and others) против России» [англ.]





The applicants sought an award in respect of Aslanbek Astamirov's lost wages after his arrest and subsequent disappearance. The second applicant claimed a total of 142,286 Russian roubles (RUB) (4,099 euros (EUR)) under this head, the fourth applicant claimed RUB 306,449 (EUR 8,828), the fifth applicant claimed RUB 150,648 (EUR 4,340) and the sixth applicant claimed RUB 169,465 (EUR 4,882).
117. They submitted that Aslanbek Astamirov was unemployed at the time of his arrest, and that in such cases the calculation should be made on the basis of the subsistence level established by national law. Their calculations were also based on the actuarial tables for use in personal injury and fatal accident cases published by the United Kingdom Government Actuary's Department in 2004 ("Ogden tables"). The applicants assumed that his wife, mother and children would have been financially dependent on him. They calculated his earnings, with an adjustment for 10% yearly inflation rate, and argued that the first applicant could count on 10%, and his wife and each child (until the age of majority) on 20% of the total.
118. The Government regarded these claims as based on suppositions and unfounded. In particular, they noted that in the national proceedings the applicants had never claimed compensation for the loss of a breadwinner, although such a possibility was provided for.
119. The Court reiterates that there must be a clear causal connection between the damage claimed by the applicants and the violation of the Convention. Furthermore, under Rule 60 of the Rules of Court any claim for just satisfaction must be itemised and submitted in writing together with the relevant supporting documents or vouchers, "failing which the Chamber may reject the claim in whole or in part". The Court further finds that the loss of earnings also applies to dependent children and, in some cases, to elderly parents (see, among other authorities, Imakayeva, cited above, § 213).
120. 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 second, fourth, fifth and sixth applicants' family member and the loss by these applicants of the financial support which he could have provided.
121. Having regard to the applicants' submissions and the fact that Aslanbek Astamirov was not employed at the time of his apprehension, the Court awards EUR 12,000 to the second, fourth, fifth and sixth applicants jointly in respect of pecuniary damage, plus any tax that may be chargeable on that amount.

B. Non-pecuniary damage

122. The applicants claimed financial compensation in respect of non-pecuniary damage for the suffering they had endured as a result of the loss of their family member and the authorities' indifference. They sought amounts ranging from EUR 5,000 to EUR 50,000 each, depending on the closeness of family ties with the disappeared man.
123. The Government found the amounts claimed exaggerated.
124. 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

125. The applicants were represented by the SRJI. They submitted an itemised schedule of costs and expenses that included research and interviews in Ingushetia and Moscow, at a rate of EUR 50 per hour for the work in the area of exhausting domestic remedies and of EUR 150 per hour for the draf



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