Постановление Европейского суда по правам человека от 12.02.2009 «Дело Мешаева и другие (Meshayeva and others) против России» [англ.]

2 of the Convention on account of the failure to conduct an effective investigation into the circumstances in which Leoma Meshayev and Bislan Saydayev disappeared;
5. Holds that there has been a violation of Article 3 of the Convention in respect of the first, second, fourth to seventh, ninth, tenth, eleventh, fourteenth and fifteenth applicants, and no violation of Article 3 of the Convention in respect of the remaining applicants;
6. Holds that there has been a violation of Article 5 of the Convention in respect of Leoma Meshayev and Bislan Saydayev;
7. Holds that there has been a violation of Article 13 of the Convention in respect of the alleged violation of Article 2 of the Convention;
8. Holds that no separate issues arise under Article 13 in respect of the alleged violations of Articles 3 and 5;
9. 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 rate applicable at the date of settlement, save in respect of costs and expenses:
(i) EUR 5,500 (five thousand five hundred euros) to the first, fourth, fifth, sixth and seventh applicants jointly in respect of pecuniary damage;
(ii) EUR 3,000 (three thousand euros) to the tenth applicant in respect of pecuniary damage;
(iii) EUR 25,000 (twenty-five thousand euros) to the first, fourth, fifth, sixth and seventh applicants jointly in respect of non-pecuniary damage;
(iv) EUR 10,000 (ten thousand euros) to the second applicant in respect of non-pecuniary damage;
(v) EUR 35,000 (thirty-five thousand euros) to the ninth, tenth, eleventh, fourteenth and fifteenth applicants jointly in respect of non-pecuniary damage;
(vi) EUR 5,150 (five thousand one hundred and fifty 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;
10. Dismisses the remainder of the applicants' claim for just satisfaction.

Done in English, and notified in writing on 12 February 2009, pursuant to Rule 77 §§ 2 and 3 of the Rules of Court.

Christos ROZAKIS
President

{Soren} NIELSEN
Registrar






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