Постановление Европейского суда по правам человека от 22.01.2009 «Дело Самбиев и Покаева (Sambiyev and Pokayeva) против России» [англ.]

102. 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

103. The applicants claimed that they had sustained damage in respect of the loss of their son's earnings following his apprehension and subsequent killing. The first applicant claimed 176,745.77 roubles (RUR) (approximately 4,995 euros (EUR)) and the second applicant claimed RUR 180,153.47 (approximately EUR 5,090) under this head.
104. The applicants claimed that Mr Anzor Sambiyev had been temporarily unemployed due to the situation in Chechnya. Having regard to the provisions of the Civil Code on the calculation of lost earnings, they claimed that the amount of an unemployed person's earnings should be equal to the average remuneration of a person with similar qualifications and could not be based on an amount lower than the subsistence level determined by federal laws. They submitted that they were dependent on their son and would have benefited from the latter's financial support in the amounts indicated above, that is, 10% of his earnings in respect of each applicant. Their calculations were based on provisions of the 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 ("the Ogden tables").
105. The Government argued that no compensation for pecuniary damage should be awarded to the applicants since it had not been established that State agents had been involved in his abduction and death. Furthermore, the Government contested the applicants' use of the Ogden tables arguing that the calculations should be based on the national legislation. They also pointed out that the applicants should have applied to the domestic courts with a claim for compensation for damage caused by the death of the family's breadwinner.
106. 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 finds that there is indeed a direct causal link between the violation of Article 2 in respect of the applicants' son and the loss by them of the financial support which he could have provided. It further notes that Mr Anzor Sambiyev was unemployed. Nevertheless, the Court finds it reasonable to assume that he would eventually have had some earnings and that the applicants would have benefited from them. Having regard to the applicants' submissions, the Court awards them jointly EUR 5,000 in respect of pecuniary damage, plus any tax that may be chargeable on that amount.

B. Non-pecuniary damage

107. The applicants claimed EUR 250,000 jointly in respect of non-pecuniary damage for the suffering they had endured as a result of the loss of their son and the indifference shown by the authorities towards them.
108. The Government found the amount claimed exaggerated.
109. The Court has found a violation of Articles 2, 5 and 13 of the Convention on account of the unacknowledged detention and killing of the applicants' son. The Court thus accepts that they have suffered non-pecuniary damage which cannot be compensated for solely by the findings of violations. It awards the applicants jointly EUR 35,000, plus any tax that may be chargeable thereon.





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