Постановление Европейского суда по правам человека от 08.01.2009 «Дело Шахгириева и другие (Shakhgiriyeva and others) против России» [англ.]

e Convention in respect of the applicants;
7. Holds that there has been a violation of Article 5 of the Convention in respect of Magomed Shakhgiriyev, Ali Magomadov, Ismail Umarov and Umalat Abayev;
8. Holds that there has been no violation of Article 5 of the Convention in respect of Aslan Israilov and Khasin Yunusov;
9. Holds that there has been a violation of Article 13 of the Convention in conjunction with Article 2 of the Convention;
10. 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 the case of the sixth applicant and the payment in respect of costs and expenses:
(i) EUR 12,000 (twelve thousand euros) to the second applicant in respect of pecuniary damage;
(ii) EUR 1,400 (one thousand four hundred euros) to the third applicant in respect of pecuniary damage;
(iii) EUR 10,000 (ten thousand euros) to the fifth applicant in respect of pecuniary damage;
(iv) EUR 35,000 (thirty-five thousand euros) to the first, fourth and fifth applicants each in respect of non-pecuniary damage;
(v) EUR 35,000 (thirty-five thousand euros) to the second and third applicants jointly in respect of non-pecuniary damage;
(vi) EUR 10,000 (ten thousand euros) to the sixth and seventh applicants each in respect of non-pecuniary damage;
(vii) EUR 8,107 (eight thousand one hundred and seven 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;
11. Dismisses the remainder of the applicants' claim for just satisfaction.

Done in English, and notified in writing on 8 January 2009, pursuant to Rule 77 §§ 2 and 3 of the Rules of Court.

Christos ROZAKIS
President

{Soren} NIELSEN
Registrar






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