Fundamental Freedoms in its substantive and procedural aspects, Article 5 of the Convention for the Protection of Human Rights and Fundamental Freedoms, Article 3 of the Convention for the Protection of Human Rights and Fundamental Freedoms.

Заголовок: Fundamental Freedoms in its substantive and procedural aspects, Article 5 of the Convention for the Protecti Сведения: 2019-02-09 10:31:49

Resolution of the ECHR of August 28, 2018 in the case of Alikhanovy (Alikhanovy) against the Russian Federation (application No. 17054/06).

The case was successfully examined by the applicants that their relative was allegedly abducted by law enforcement officers. The applicants complained that there had been a violation of the right to life in connection with the death of their relative, no effective investigation had been carried out in this regard. The case has violated the requirements of Article 2 of the Convention for the Protection of Human Rights and Fundamental Freedoms (right to life) in its substantive and procedural aspects, Article 5 of the Convention (right to liberty and security of person), Article 3 of the Convention (prohibition of torture).

In 2006, claimants were assisted in preparing a application. Subsequently, the application was communicated to the Russian Federation.

In their application, the applicants (three people) complained that their relative (A. Alikhanov) was allegedly abducted by law enforcement officers. The applicants complained that there had been a violation of the right to life in connection with the death of their relative. The applicants also stated that no effective investigation had been carried out in this connection.

On 28 August 2018, on the complaint submitted by the applicants, the European Court unanimously decided that in this case the authorities violated the requirement of Article 2 of the Convention (the right to life) in its substantive and procedural aspects, Article 5 of the Convention (the right to liberty and security of person), articles 3 of the Convention (prohibition of torture), as regards the mental suffering of A. Alikhanov's relatives, and ordered the respondent State to pay each of the applicants 20,000 euros in compensation for non-pecuniary damage.

 

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