The ECHR found a violation of the requirements of Articles 2, 3, Clause 1 of Article 5, Article 13 of the Convention for the Protection of Human Rights and Fundamental Freedoms.

Заголовок: The ECHR found a violation of the requirements of Articles 2, 3, Clause 1 of Article 5, Article 13 of the Co Сведения: 2019-04-22 07:05:05

ECHR judgment of October 23, 2018 in the case of "Bitsayeva and Others (Bitsayeva and Others) v. The Russian Federation" (applications No. 14196/08, 62409/10, 12868/11, 34290/11, 41877/11, 44311/11, 62172 / 11, 13843/12, 13909/12 and 32554/12).

The case was successfully considered by the applicants' applications that their close relatives disappeared after they were allegedly illegally detained during the special operation, for failure to conduct an effective investigation into these circumstances. The case was a violation of the requirements of articles 2, 3, clause 1 of article 5, article 13 of the Convention for the Protection of Human Rights and Fundamental Freedoms.

In 2008, 2010, 2011 and 2012, complainants were assisted in preparing applications. Subsequently, the applications were merged and communicated to the Russian Federation.

In their applications, the applicants (30 people) complained that their close relatives had disappeared after they were allegedly illegally detained during the special operation. The applicants also submitted that no effective investigation had been carried out into these circumstances.

On 23 October 2018, on applications filed by the applicants, the European Court unanimously decided that in the present case the authorities violated the requirements of articles 2 (right to life) in its substantive and procedural aspects and 3 of the Convention (prohibition of torture), article 5, paragraph 1 of the Convention (right to liberty and security of person), Article 13 of the Convention (right to an effective domestic remedy) in conjunction with Article 2 of the Convention. The applicants for each complaint were awarded 60,000 euros in respect of non-pecuniary damage (in one case 120,000 euros), individual applicants were also awarded compensation for pecuniary damage.

 

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