The ECHR has found a violation of the requirements of Articles 2, 3, 5 of the Convention for the Protection of Human Rights and Fundamental Freedoms, as well as Article 13 of the Convention in conjunction with Article 2 of the Convention and Article 13 of

Заголовок: The ECHR has found a violation of the requirements of Articles 2, 3, 5 of the Convention for the Protection Сведения: 2019-11-21 05:36:07

The ECHR judgment of May 28, 2019 in the case of Isaeva and Others v. Isayeva and Others of the Russian Federation (applications N 53075/08, 16319/10, 12377/11, 29844/11, 38134/11, 44296/11, 62160 (11, 64272/11, 13874/12 and 77706/12).

In 2008, 2010, 2011 and 2012, the applicants were assisted in preparing applications. Subsequently, the applications were consolidated and communicated by the Russian Federation.

The case has successfully examined applications about the circumstances of the applicants 'mental suffering in connection with the disappearance of their relatives and the lack of an effective investigation into this circumstance, as well as the unlawful detention of the applicants' relatives. The case has violated the requirements of Articles 2, 3, 5 of the Convention for the Protection of Human Rights and Fundamental Freedoms, as well as Article 13 of the Convention in conjunction with Article 2 of the Convention and Article 13 of the Convention in conjunction with Article 3 of the Convention in respect of individual applicants.

In their applications, the applicants complained of a violation of Article 3 of the Convention in connection with the mental suffering caused to them by the disappearance of their relatives. According to one of the complaints, the applicant alleged that his relative had been subjected to ill-treatment and that there had been no effective investigation into this fact. All applicants complained about the unlawful detention of their relatives. All of them also claimed that they did not have effective remedies against the alleged violations in respect of their complaints in accordance with Article 2 of the Convention.

On May 28, 2019, following applications by the applicants, the European Court unanimously ruled that in the present case the Russian authorities violated the requirements of Articles 2 (the right to life) in its substantive and procedural aspects, 3 (prohibition of torture), 5 (right liberty and security of person), 13 of the Convention (right to an effective domestic remedy) in conjunction with Article 2 of the Convention, article 13 of the Convention (right to an effective remedy) in conjunction with Article 3 of the Convention in relation to and individual applicants, and ordered the respondent Government to pay the applicants various amounts of EUR 70,000 to EUR 240,000 in respect of non-pecuniary damage.

 

 

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