Постановление Европейского суда по правам человека от 22.01.2009 «Дело Долсаев и другие (Dolsayev and others) против России» [англ.]

ated that they no longer wished to maintain this complaint.
141. The Court finds that the applicants do not intend to pursue this part of the application, within the meaning of Article 37 § 1 (a). The Court also finds no reasons of a general character, affecting respect for human rights as defined in the Convention, which require the further examination of the present complaints by virtue of Article 37 § 1 of the Convention in fine (see, among other authorities, Stamatios Karagiannis, cited above).
142. It follows that this part of the application must be struck out in accordance with Article 37 § 1 (a) of the Convention.

VIII. Application of Article 41 of the Convention

143. 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. The Government's objection

144. The Government submitted that the document containing the applicants' claims for just satisfaction had been signed by Mr O. Solvang, Mr R. Lemaitre and Mr A. Sakalov, whereas the applicants had in fact been represented by Ms E. Ezhova, Ms A. Maltseva and Mr A. Nikolayev. They insisted therefore that the applicants' claims for just satisfaction were invalid.
145. The Court points out that the applicants issued powers of attorney in the name of the SRJI, an NGO that collaborates with a number of lawyers. Since the SRJI lists Mr O. Solvang, Mr R. Lemaitre and Mr A. Sakalov as members of its staff and of its governing board, the Court has no doubt that they were duly authorised to sign the claims for just satisfaction on behalf of the applicants. The Government's objection must therefore be dismissed.

B. Pecuniary damage

146. The first applicant claimed damages on his own behalf and on behalf of the second applicant in respect of the lost wages of their abducted sons. The applicants claimed a total of 634,650 Russian roubles (RUB) under this heading (18,133 euros (EUR)).
147. The first applicant submitted that he and the second applicant were financially dependent on their abducted sons and would have benefited from their financial support (in the second applicant's case, until her death in June 2007) in the above amount of EUR 18,133. 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").
148. The Government regarded these claims as unsubstantiated.
149. 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 first applicant's sons and the loss by the first and second applicants of the financial support which they could have provided. Having regard to the applicants' submissions and the absence of any documents substantiating the earnings of Beslan, Rizvan, Rizavdi and Shuddi Dolsayev at the time of their abduction, the Court awards the first applicant EUR 10,000 in respect of pecuniary damage, plus any tax that may be chargeable on that amount.

C. Non-pecuniary damage

150. The applicants claimed EUR 210,000 in respect of non-pecuniary damage for the suffering they had endured as a result of the loss of their family members, the indiff



> 1 2 3 ... 19 20 21 22

	Поделиться:	Tweet