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Постановление Европейского суда по правам человека от 08.01.2009 «Дело Дангаева и Тарамова (Dangayeva and Taramova) против России» [англ.]





. The Government regarded these claims as based on suppositions and unfounded. In particular, they noted that the first applicant had never claimed compensation for the loss of the family breadwinner, although such a possibility was provided by domestic legislation.
127. The Court reiterates that there must be a clear causal connection between the damage claimed by the applicant and the violation of the Convention and that this may, where appropriate, entail compensation in respect of loss of earnings. 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". Having regard to its above conclusions, the Court finds that there is a direct causal link between the violation of Article 2 in respect of Saidkhasan Dangayev and the loss by the first applicant of the financial support which he could have provided. The Court further notes that the first applicant has submitted a certificate confirming the amount of her husband's earnings and that the Government have not disputed the method of calculation.
128. Having regard to the applicants' submissions, the Court awards EUR 7,491 to the first applicant in respect of pecuniary damage, plus any tax that may be chargeable on that amount.

B. Non-pecuniary damage

129. The first applicant claimed EUR 60,000 in respect of non-pecuniary damage for the suffering she had endured as a result of the loss of her husband. The second applicant claimed EUR 10,000 in respect of non-pecuniary damage for the suffering she had endured as a result of the loss of her brother.
130. The Government found the amounts claimed exaggerated.
131. The Court has found violations of the substantive and the procedural limbs of Article 2 and a violation of Article 13 of the Convention. The Court thus accepts that the applicants have suffered non-pecuniary damage which cannot be compensated for solely by the findings of violations. Having regard to these considerations, the Court awards, on an equitable basis, EUR 30,000 to the first applicant and EUR 5,000 to the second applicant plus any tax that may be chargeable thereon.

C. Costs and expenses

132. The applicants were represented by the SRJI. They submitted an itemised schedule of costs and expenses that included research and interviews in Chechnya and Moscow, at a rate of EUR 50 per hour, and the drafting of legal documents submitted to the Court and the domestic authorities, at a rate of EUR 50 per hour for SRJI lawyers and EUR 150 per hour for SRJI senior staff and experts. The aggregate claim in respect of costs and expenses related to the applicants' legal representation amounted to EUR 7,811.
133. The Government disputed the amounts claimed and pointed out that the applicants were only entitled to reimbursement of costs and expenses that had actually been incurred and were reasonable. They also noted that two of the SRJI's lawyers who had signed the applicants' observations had not been named in the forms of authority.
134. The Court has to establish first whether the costs and expenses indicated by the applicants were actually incurred and, second, whether they were necessary (see McCann and Others v. the United Kingdom, cited above, § 220).
135. Having regard to the details of the contract, the Court is satisfied that these rates were reasonable and reflect the expenses actually incurred by the applicants' representatives. As to the Government's argument concerning the number of lawyers who signed the applicants' observations, it points out that the forms of authority were issued first and foremost in the name of the SRJI, not in that of its employees, and, accordingly, the N



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