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CASE OF UMAYEVY v. RUSSIACONCURRING OPINION OF JUDGE KOVLER

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Document date: June 12, 2012

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CASE OF UMAYEVY v. RUSSIACONCURRING OPINION OF JUDGE KOVLER

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Document date: June 12, 2012

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CONCURRING OPINION OF JUDGE KOVLER

I share all the Court ’ s conclusions finding violations of Articles 2, 3, 5 and 13 of the Convention. My problem is the calculation of the award for non-pecuniary damage suffered by the two applicants.

The applicants are the mother and father of the first victim, Mr Vidzha Umayev, which is why a standard award of 60,000 euros (EUR) is justified (see, among other authorities, Abuyeva and Others v. Russia , no. 27065/05, 2 December 2010, Annex). As to the second disappeared person, Mr Timur Mezhidov, the applicants are his sister and brother-in-law respectively, so, according to the Court ’ s case-law, the award for mental suffering can be reduced. An automatic award “per capita” irrespective of the degree of kinship is not, to my mind, justified in this kind of case.

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