FOR THESE REASONS, THE COURT UNANIMOUSLY
1. Decides to dismiss the Government's objection concerning non-exhaustion of domestic remedies in the part relating to the applicants' failure to complain of Ramzan Rasayev's unlawful detention;
2. Decides to join to the merits the Government's objection concerning non-exhaustion of domestic remedies in the part relating to the fact that the domestic investigation is still pending and reject it;
3. Decides to strike the application out of its list of cases in accordance with Article 37 § 1 (a) of the Convention in so far as it concerns the applicants' complaint under Article 6 of the Convention;
4. Declares the complaints under Article 2, Article 3 in respect of the applicants, Article 5 and Article 13 of the Convention in conjunction with Article 2, Article 3 in respect of the applicants and Article 5 of the Convention admissible and the remainder of the application inadmissible;
5. Holds that there has been a violation of Article 2 of the Convention in respect of Ramzan Rasayev;
6. Holds that there has been a violation of Article 2 of the Convention in respect of the failure to conduct an effective investigation into the circumstances in which Ramzan Rasayev had disappeared;
7. Holds that there has been a violation of Article 3 of the Convention in respect of the applicants;
8. Holds that there has been a violation of Article 5 of the Convention in respect of Ramzan Rasayev;
9. Holds that there has been a violation of Article 13 of the Convention in respect of the alleged violations of Article 2 of the Convention;
10. Holds that no separate issues arise under Article 13 of the Convention on account of the alleged violations of Article 3 of the Convention in respect of the applicants and of Article 5 of the Convention;
11. 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:
(i) EUR 35,000 (thirty-five thousand euros) in respect of non-pecuniary damage to the applicants jointly, to be converted into Russian roubles at the rate applicable at the date of settlement, plus any tax that may be chargeable to these amounts;
(iii) EUR 5,150 (five thousand one hundred and fifty euros) in respect of costs and expenses, to be paid into the representatives' bank account in the Netherlands, plus any tax that may be chargeable to the applicants;
(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.
Done in English, and notified in writing on 2 October 2008, pursuant to Rule 77 §§ 2 and 3 of the Rules of Court.
Christos ROZAKIS
President
NIELSEN
Registrar