ECHR judgment of May 28, 2019 in the case of Khamkhoyeva and Others v. Russia (applications N 6636/09, 58501/09, 67344/09, 12926/10, 22170/11, 22311/11, 22946 (11, 31184/11 and 75319/11).
In 2009, 2010 and 2011, the applicants were assisted in preparing applications. Subsequently, the applications were consolidated and communicated by the Russian Federation.
The case has successfully examined applications of moral distress caused to the applicants as a result of the disappearance of their relatives, as well as the unlawful detention of the applicants' relatives, as well as allegations by individual applicants that there were no domestic remedies in respect of the alleged violations. 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 moral distress caused to them by the disappearance of their relatives. All but two of the applicants complained about the unlawful detention of their relatives. All but two of the applicants also claimed that there had been no domestic remedies in respect of the alleged violations.
On May 28, 2019, following applications by the applicants, the 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 to liberty and security of person), 13 of the Convention (right to an effective 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 respect of individual applicants , and ordered the respondent Government to pay the applicants various amounts between 60,000 and 80,000 euros in respect of non-pecuniary damage.